Coordinated State Lawsuits Accuse OpenAI of Misleading Consumers on ChatGPT Safety

· 2 min read

What happened

On 14 October, attorneys general in Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho and Montana each filed a lawsuit against OpenAI in their own state, NBC News reported. Arkansas Attorney General Tim Griffin's press release also listed Utah among the states that filed similar cases that day. The suits allege that OpenAI told consumers, including parents, that ChatGPT was safe while knowing it carried significant risks.

The claims

The complaints are brought under state consumer-protection laws. Arkansas's case, for example, alleges breaches of the state's Deceptive Trade Practices Act and of its Children's and Teens' Online Privacy Protection Act, along with common-law claims including negligence, strict liability for design defects and failure to warn, unjust enrichment and public nuisance.

According to the Arkansas release, the state is asking for a declaration that the law was broken, an injunction, clear disclosure of ChatGPT's material risks, restitution for affected consumers and civil penalties. It also wants an injunction against "further advanced AI testing and creating models capable of recursive self-improvement until adequate safeguards are in place".

At a joint news conference, Kansas Attorney General Kris Kobach said the states "are not going to hold our breath" for federal legislation, NBC reported. OpenAI spokesperson Drew Pusateri said the company has "built industry-leading age-specific protections into our product that many other AI products lack" and that it is committed to working with states.

Wider pressure

NBC noted that the state cases came a day after a proposed federal class action in San Francisco accused OpenAI of unlawfully collecting data from children. The FTC opened its own investigation the same week.

Why it matters financially

Each state can seek its own civil penalties and restitution, so OpenAI's potential exposure grows with every state that joins. No damages figure has been published. The request to stop advanced model development until safeguards are in place goes beyond money: if a court granted it, OpenAI's product roadmap would be directly affected. Multistate cases of this kind have historically ended in large settlements in other industries.

Sources

  1. Eight states sue OpenAI over ChatGPT's alleged harms to users (NBC News)
  2. Attorney General Griffin Sues OpenAI for Misleading Arkansans over Safety of ChatGPT (Arkansas Attorney General)

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