It’s gonna go fine in front of a judge. They will say look at our terms of service, what we did is explicitly allowed. The judge will immediately rule for them and no public interviews of the CEO/Founders will ever be an issue.
Not only is what they said vague, but they had a very clear responsibility not to provoke a run on the bank.
Either way it’s Monday morning quarterbacking to say RH could have been blunt. They may have been within hours of bankruptcy.