Eight US states sue OpenAI, alleging ChatGPT harmed children
OpenAI is facing a new wave of lawsuits from eight US states, first reported by Reuters. The suits were filed separately by Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho and Montana. They accuse the company of harming children and misleading customers about the safety of ChatGPT, and allege that OpenAI unlawfully put profits over safety when developing the chatbot.
The complaints argue that OpenAI violated local consumer protection laws by failing to warn customers about the dangers of ChatGPT. To support that, they cite several lawsuits filed by family members of teens and adults who allege the chatbot played a role in their loved ones' deaths. According to the states, OpenAI misleadingly presented ChatGPT as a "safe, youth-appropriate tool that puts safety first" when it was actually "dangerous to vulnerable users", including by "degrading critical thinking skills, encouraging paranoias and delusions, offering dangerous medical advice, and promoting unhealthy behaviors and relationships."
The states also accuse OpenAI of collecting data from minors and not doing enough to keep underage users from using the chatbot. The lawsuits further cite recent rogue AI hacking incidents as evidence of OpenAI's alleged recklessness. Arizona's lawsuit claims that OpenAI has devolved from its original mission as a public-first nonprofit that prioritized safety into a cautionary tale about what can happen when AI development is driven by a profit-at-all-costs mindset that sidelines essential safeguards.
In an emailed statement to The Verge, OpenAI spokesperson Drew Pusateri said the company has built industry-leading age-specific protections into ChatGPT. He added that while no system can be perfect, OpenAI will keep working with experts and build additional safeguards, such as the parental controls, break reminders and age-appropriate model protections that exist today. OpenAI said it is committed to working with states on pragmatic AI policies that apply to the entire AI industry, not just one company.
The states are asking the courts to force OpenAI to pay a series of civil penalties and to stop misleading the public about the safety of ChatGPT. Some of the states are also seeking the deletion of unlawfully collected personal data. The Verge's article was updated on October 14th to add OpenAI's statement.
Key facts
- Eight US states (Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho and Montana) filed separate lawsuits against OpenAI.
- The states allege OpenAI harmed children, misled customers about ChatGPT's safety and unlawfully put profits over safety.
- The complaints claim violations of local consumer protection laws and accuse OpenAI of collecting data from minors and not keeping underage users off the chatbot.
- The states want the courts to impose civil penalties and stop OpenAI from misleading the public; some also seek deletion of unlawfully collected personal data.
- OpenAI, through spokesperson Drew Pusateri, says it has built industry-leading age-specific protections, citing parental controls, break reminders and age-appropriate model protections.
Why it matters
The suits come from state governments, not private plaintiffs, and eight of them filed separately against the same company over the same product. They put ChatGPT's safety for young and vulnerable users under consumer protection law. They also draw on earlier family lawsuits that allege the chatbot played a role in deaths of teens and adults, so claims first made by individuals now appear in complaints from states.
Who it affects
OpenAI is the defendant and faces demands for civil penalties and a halt to what the states call misleading statements about ChatGPT's safety. Minors who use ChatGPT and their parents are at the centre of the allegations, as are other vulnerable users. OpenAI's statement argues that any AI policy should apply to the entire AI industry, not just one company, which signals the wider sector is in view.
How to use it
There is no product to use here, but the story points to the safeguards OpenAI itself names as existing today: parental controls, break reminders and age-appropriate model protections. Parents and other readers can look at those features, keeping in mind that the states allege they are not enough.
How solid is it
The core facts are firm: eight named states filed suits, as reported by Reuters and The Verge, and OpenAI's response was emailed to The Verge by a named spokesperson. The substance of the accusations, however, is allegation. Phrases such as "dangerous to vulnerable users" are the states' claims, not findings by a court. The filing dates and the courts in which the suits were filed are not given, and no penalty amounts are stated.
Risks and caveats
None of the allegations has been tested in court. OpenAI's statement does not answer the individual allegations point by point, and the source does not specify which states seek deletion of personal data or what the "rogue AI hacking incidents" cited as evidence of recklessness were. It also does not name the family lawsuits it cites. Readers should treat the quoted language as the states' framing of the case.
“OpenAI has devolved from its original mission as a public-first nonprofit that prioritized safety into a cautionary tale”
— Arizona's lawsuit, as quoted by The Verge