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Eight states sue OpenAI, saying ChatGPT isn’t safe for kids

Oct 18, 2026  Twila Rosenbaum  29 views
Eight states sue OpenAI, saying ChatGPT isn’t safe for kids

Eight US states have launched a coordinated legal assault on OpenAI, filing separate lawsuits that accuse the company of misleading the public about the safety of ChatGPT and exposing children to serious harm. The suits were filed by Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho, and Montana. Each state brought its own complaint, but the cases advance a common argument: OpenAI allegedly put profits ahead of safety while developing and marketing a product used by millions of people, including young users.

Key Facts at a Glance

  • Eight states filed separate lawsuits: Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho, and Montana.
  • The complaints accuse OpenAI of violating consumer protection laws by failing to warn the public about ChatGPT’s risks.
  • States say OpenAI marketed ChatGPT as safe for youth while the product was dangerous to vulnerable users.
  • The lawsuits cite family complaints alleging ChatGPT played a role in deaths and accuse OpenAI of collecting data from minors.
  • States seek civil penalties, an end to misleading safety claims, and in some cases deletion of unlawfully collected data.
  • OpenAI says it has age-specific protections and will work with experts and states on pragmatic AI policy.

The complaints claim OpenAI violated state consumer protection laws by failing to warn customers about the dangers of ChatGPT. They cite several lawsuits filed by family members of teenagers and adults who allege the AI chatbot played a role in their loved ones’ deaths. The states say OpenAI misleadingly presented ChatGPT as a “safe, youth-appropriate tool that puts safety first,” even though the company knew or should have known that the product was “dangerous to vulnerable users.”

According to the filings, those dangers include “degrading critical thinking skills, encouraging paranoias and delusions, offering dangerous medical advice, and promoting unhealthy behaviors and relationships.” The states argue that such risks are especially acute for minors, whose judgment, emotional development, and understanding of artificial intelligence may be limited. They contend that OpenAI’s public messaging did not adequately disclose those risks to parents, schools, or young users.

The lawsuits also accuse OpenAI of collecting data from minors and of not doing enough to keep underage users from using the chatbot. The states say age checks and parental controls have been insufficient, and they question whether the company has done enough to detect and stop inappropriate use by children. Those allegations add a privacy dimension to the safety claims, because the complaints seek remedies that include the deletion of unlawfully collected personal data in some states.

The complaints further cite recent rogue AI hacking incidents as evidence of what they describe as OpenAI’s recklessness. The states argue that security failures and misuse of AI systems are not abstract concerns, but foreseeable risks that a responsible developer should address before harm occurs. By tying those incidents to consumer protection claims, the lawsuits attempt to show a pattern of inadequate safeguards rather than isolated mistakes.

Arizona’s lawsuit includes a sharp critique of OpenAI’s evolution. “OpenAI has devolved from its original mission as a public-first nonprofit that prioritized safety into a cautionary tale about what can happen when the development of a tool as powerful as AI is driven not by safety, but by a profit-at-all-costs mindset that sidelines essential safeguards,” the complaint claims. The language reflects a broader frustration among state officials who believe the company’s commercial ambitions have outpaced its safety commitments.

OpenAI pushed back against the lawsuits in a statement, saying it has “built industry-leading age-specific protections” into ChatGPT. The company said that while “no system can be perfect,” it will continue to work with experts to inform its work and build additional safeguards. It pointed to parental controls, break reminders, and age-appropriate model protections that exist today, and it said it is committed to working with states on advancing pragmatic AI policies that apply to the entire AI industry—not just one company.

The states are asking courts to force OpenAI to pay a series of civil penalties and to stop misleading the public about the safety of ChatGPT. Some states are also seeking the deletion of unlawfully collected personal data. The requested remedies could vary from state to state, but the underlying theory is similar: consumers and parents were not given the information they needed to make informed decisions about whether children should use the product.

The lawsuits arrive as state attorneys general increasingly use consumer protection authority to address artificial intelligence. Consumer protection statutes are attractive to regulators because they can reach deceptive marketing, unfair business practices, and material omissions without requiring a new AI-specific law. The cases could test whether existing state laws are flexible enough to handle rapidly evolving software products that are marketed to the general public and used in homes, schools, and workplaces.

OpenAI began as a nonprofit research laboratory and later created a capped-profit structure to attract capital for expensive computing and talent. Its stated mission has long emphasized the safe development of artificial general intelligence, but critics have questioned whether commercial pressures have changed the company’s priorities. The launch of ChatGPT in late 2022 made OpenAI one of the most visible AI companies in the world, and its rapid adoption in schools raised concerns about cheating, misinformation, and age-appropriate use.

The complaints also reflect a growing debate over how much responsibility AI developers should bear when their systems produce harmful outputs. Traditional product liability law is not easily applied to software that generates new text in response to user prompts. Consumer protection claims offer a different path: they focus less on a single defect and more on what a company said, what it failed to disclose, and whether its practices were unfair or deceptive.

For parents and schools, the lawsuits highlight the difficulty of supervising tools that can be accessed on phones, laptops, and tablets. ChatGPT can be used for homework help, emotional support, medical questions, and creative writing, blurring the line between a productivity tool and an interactive companion. The states argue that those uses require clear warnings, strong age gates, and meaningful parental oversight, especially when minors are involved.

The separate filings also create a broader legal front for OpenAI. Even if the company prevails in one state, it could face different standards, different evidence rules, and different remedies in another. Coordinated action by multiple attorneys general can increase pressure on a company to settle or change its practices, because the cost of fighting many cases at once can be substantial. The lawsuits may also encourage other states to investigate similar claims.

The cases are now before state courts, where judges will weigh the states’ consumer protection claims, OpenAI’s existing safeguards, and the requested penalties and data-deletion remedies. The outcome could influence how AI companies describe their products, how they handle minors’ data, and how far states can go in regulating chatbots under existing law. For now, the lawsuits have turned a national debate about AI safety into a set of concrete legal fights over marketing, warnings, and the protection of young users.


Source: The Verge News


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