Texas sues OpenAI, Sam Altman over ChatGPT safety for children

Texas is suing the people who make ChatGPT and the company's CEO, Sam Altman. The state says they have harmed and misled people in Texas.

Texas Attorney General Ken Paxton announced the lawsuit against OpenAI and Altman on Oct. 23. The lawsuit claims that the company misled Texans about how safe and reliable ChatGPT is and did not warn them about its dangers.

“As AI technology advances quickly, OpenAI has a duty to protect users and warn them about the many dangers of its platform,” Paxton said in a statement.

The 67-page lawsuit was filed in a district court in Collin County. It claims that OpenAI broke two Texas laws: the Texas Deceptive Trade Practices-Consumer Protection Act and the Securing Children Online through Parental Empowerment (SCOPE) Act.

USA TODAY asked OpenAI to comment on the lawsuit but had not received a response.

Here are the claims made by Paxton's office and what it wants the court to do.

What the lawsuit claims

The lawsuit makes two main claims:

• Breaking the Deceptive Trade Practices Act: The lawsuit claims that OpenAI used false, misleading and deceptive practices while doing business in Texas. These allegedly include:
  • Not warning people about ChatGPT's dangers.
  • Making a product that gives children content that is not suitable for them without requiring proper age checks or parental permission.
  • Making a product that provides harmful information, “such as tips on eating disorders, self-harm and mass murder,” that people, including children, can easily find.
  • Making a product without enough safety testing.
  • Making a product that “works unreliably while falsely claiming that it is reliable.”
• Breaking the SCOPE Act: The lawsuit claims that OpenAI does not ask for or check a parent or guardian's identity or confirm their relationship to a child. It also claims that OpenAI does not provide the parental controls required by law, such as ways to limit the sharing of a child's data.

What the lawsuit asks for

Texas is asking the courts for the following actions:

• Stop new AI models from being released in Texas unless an independent evaluator approved by the court reviews and approves their safety measures.
• Stop OpenAI from offering ChatGPT to people under 18 in Texas.
• Impose civil penalties of up to $10,000 for each violation of the law and require OpenAI to give up assets as part of the legal remedy.

Mateo Rosiles reports on Texas for USA TODAY and its regional newspapers. He is based in Austin. To send him a news tip, email [email protected].