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Wednesday, November 11, 2026

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ON THE TAPE with Guy Adami

Guy Adami discusses Nvidia, Anthropic's IPO prospects, energy, gold and the AI trade.

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The FTC and eight states sued Toast $TOST, the restaurant software and payments company, on October 29, the day after its President and CFO Elena Gomez gave notice. The complaint alleges $TOST: → Enrolled restaurants in subscription add-ons they didn’t agree to. → Charged an undisclosed early termination fee of $150 for each month left on a contract. → Added a $0.99 fee to some online orders over $10 from September 2021 to July 2023, money that went to Toast rather than the restaurants. → Required 30 days’ written notice to cancel without clearly disclosing it, and treated a cancellation as a default on any Toast Capital loan, making the full balance due at once. → Advertised “24/7/365” support that customers say they couldn’t reach. The 10-Q says $TOST will “vigorously defend its interests” and can’t yet estimate a possible loss. CEO Aman Narang argued on the Q3 call that ROSCA (the Restore Online Shoppers’ Confidence Act, a federal law on online subscriptions) was never meant for negotiated business contracts: “If ROSCA were to apply to B2B custom-negotiated contracts in a B2B context, it would have huge implications for really the whole industry and business contracts in general.” He also said $TOST had been cooperating with the FTC “over the past year” before it sued, and that “how we settle the suit” won’t change Toast’s long-term path. With $1.89B of cash and marketable securities and no debt, $TOST can afford a fine, so the bigger risk to me is an injunction that could possibly change how it sells, prices, and cancels contracts.

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