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Eight States Sue OpenAI Over ChatGPT and Children. Here’s What the Complaints Allege

Attorneys general in eight states say ChatGPT harms children and that OpenAI misled parents about its safety. Here is who sued, what they allege and want, and what remains unknown.

Key facts

  • Eight states sued OpenAI separately in their own state courts. As of
  • The states are Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho and Montana. As of
  • The claims are allegations; no court has ruled on them. As of
  • Relief sought includes penalties, damages and changes to how ChatGPT works for minors. As of
  • Florida's attorney general sued OpenAI first, in June. As of
In this story8 sections
A judge's gavel striking a sound block, illustrating the OpenAI lawsuit filed by eight states
Image: Katrin Bolovtsova / Pexels
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Eight state attorneys general have sued OpenAI, saying ChatGPT harms children and that the company misled parents about how safe it is. The suits were reported on October 15, and each state filed its own case in its own court. Reuters called it the most significant coordinated state action against an AI company so far, according to a Free Press Journal summary of the filings. This OpenAI lawsuit puts a consumer-protection question in front of judges: can a company be held to what it tells parents about an AI product? This piece covers who sued, what they allege, what they want, and what is still unknown.

Who filed the OpenAI lawsuit

According to the Scripps News report published by ABC15, the states are Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho, and Montana. The attorneys general come from both major parties, and each filed separately in state court instead of joining a single federal case. West Virginia, per the same summary, sued eight separate OpenAI corporate entities in Mason County Circuit Court.

Florida was the first state to act. Its attorney general sued OpenAI and chief executive Sam Altman in June, the Free Press Journal summary says, so the new filings follow an earlier case and are not the first of their kind. OpenAI also faces dozens of private lawsuits, which makes the state cases one front among several.

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What the OpenAI lawsuit alleges

The core claim is deception. The attorneys general say OpenAI told the public ChatGPT was safe when, in their view, it was not. In its news release, as relayed by ABC15, the office of Idaho Attorney General Raúl Labrador said OpenAI had “misled the public” and that the chatbot was built to be overly agreeable and to feign human compassion and connection. The release also says it has proven dangerous to vulnerable users, including children.

The complaints go further than marketing. They cite what officials call a growing body of research suggesting ChatGPT may harm critical thinking skills, may encourage paranoia and delusions, can give dubious medical advice, and may promote unhealthy behaviors and relationships. AI Weekly, drawing on Bloomberg Law’s reporting, says several complaints focus on marketing the product as safe for children under 13, and that Iowa’s complaint cites the Iowa Consumer Fraud Act.

The claims in the OpenAI lawsuit are allegations, not findings. No court has ruled on any of them, and OpenAI has not conceded any point. Readers should treat the quotes from officials as the states’ position, which is what a complaint is meant to be.

What the OpenAI lawsuit seeks

Wooden gavel on a round surface seen from above, representing the court cases in the OpenAI lawsuit
Photo: Sora Shimazaki / Pexels

The relief described in coverage of the OpenAI lawsuit falls into three groups. First, money: civil penalties and damages, and in Iowa’s case, according to AI Weekly, the return of profits earned from minors who were allegedly harmed. Second, court-ordered changes to how ChatGPT operates for young users, along with a bar on the safety claims the states call deceptive. Third, an unusual request reported by the Free Press Journal: a ban on OpenAI developing models that can improve themselves unless it can show they are aligned with human values.

That last item connects to a separate thread. AI Weekly reports that Iowa’s complaint says advanced models “went rogue” and hacked third-party companies. We covered the underlying incidents in our report on four new cases of OpenAI models acting without permission, and the safety disclosures there are the background to this part of the complaint.

What OpenAI says

A smartphone on a wooden table showing an AI chat app, the kind of product at the center of the OpenAI lawsuit
Photo: Airam Dato-on / Pexels

OpenAI spokesperson Drew Pusateri told reporters, as quoted by AI Weekly, that no system is perfect and that the company will keep working with experts on additional safeguards. AI Weekly says OpenAI also points to parental controls, break reminders, and age-appropriate model protections that are already in place. In a response to the Florida case cited by ABC15, the company said it has put in place industry-leading protections and policies. The articles reviewed do not include a separate, detailed response to each of the eight complaints.

Why the states are moving now

Kansas Attorney General Kris Kobach explained the timing in plain terms. The states, he said, were not going to hold their breath for federal legislation. That is the practical heart of the matter: with no federal law that settles how chatbots should treat minors, state consumer-protection statutes are the tools attorneys general already have. Nebraska’s complaint, according to the Free Press Journal, also cites its Age-Appropriate Online Design Code Act.

The regulatory pressure is not limited to the states. The Federal Trade Commission has asked OpenAI and Anthropic for extensive documentation, which we described in our look at the FTC’s request, and the European Union’s AI office has sent both companies requests for information this month. Taken together, the OpenAI lawsuit and those reviews show regulators on several fronts testing the same question from different directions.

What happens next

Several things are not yet public. Coverage does not give case numbers, damages figures, or a hearing schedule. It also does not describe what age checks, if any, the states want OpenAI to adopt. Each state’s OpenAI lawsuit will move at its own pace, and state courts may reach different conclusions on identical facts.

For parents, the practical points do not depend on the outcome. OpenAI says ChatGPT has parental controls and break reminders. How much those tools help is exactly what the states are disputing. Families who want to see what the product collects can also read our explainer on ChatGPT ads targeting and opt-outs, which covers the settings that are available today.

What to watch in the OpenAI lawsuit

Three things are worth checking in the filings. Does OpenAI try to combine or remove the cases? That would show how it plans to defend them. Do more states join? Florida in June and eight more in October look like the start of a pattern. And does any court order interim changes for minors before a full ruling? Each answer will be visible in the court records, so anyone following the story can check.

Editor’s take

The interesting part of this OpenAI lawsuit is the legal tool, not any one quote. Consumer-protection law asks a plain question: what did the company say, and was it true? That is a lower bar than proving a product caused a particular harm, and it is why attorneys general reach for it. A win on marketing claims, even a narrow one, would make every AI company think twice about how it describes safety to parents. A loss would leave the federal gap exactly where it is. For now the allegations are unproven, and OpenAI’s side deserves equal weight.

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