West Virginia AI lawsuit raises questions about chatbot safety and consumer protection

Quick take:

• West Virginia Attorney General JB McCuskey is suing OpenAI, claiming ChatGPT misled consumers about safety risks and did not do enough to protect children and other vulnerable users.
• The state wants a court to require stronger age checks, parental controls that are turned on by default, and plans for responding to users in crisis.
• The lawsuit raises bigger questions about how consumer protection laws apply to AI and what AI companies must do to protect users.

CHARLESTON, W.Va. — As AI chatbots become more common in everyday life, a lawsuit filed by West Virginia's attorney general raises questions about how existing consumer protection laws apply to this technology and what companies must do to keep users safe.

Attorney General JB McCuskey's lawsuit against OpenAI, the company behind ChatGPT, claims the company misled consumers about the chatbot's safety and did not properly address risks to children and other vulnerable users.

The civil lawsuit was filed in Mason County Circuit Court. It claims OpenAI put business growth ahead of safety protections. The state wants a judge to decide whether the company broke West Virginia law and to order remedies if the claims are proven.

The case is about more than whether AI-generated answers are correct. The state also questions how the chatbot responds when users talk about suicide, self-harm, violence and other sensitive topics. It also asks whether the chatbot's design could encourage people to become too emotionally attached to it.

West Virginia is bringing the case under its Consumer Credit and Protection Act and other legal arguments. The state accuses OpenAI of misleading and unfair business practices, creating a public nuisance and gaining benefits unfairly.

The complaint names eight companies connected to OpenAI as defendants. The state is asking for civil penalties, money returned to affected people, safety measures ordered by the court and other forms of relief.

The state wants stronger age checks, parental controls turned on by default, plans for responding to users in crisis, and independent checks to make sure the company follows the rules. It also wants personal data belonging to West Virginia minors deleted, claiming the data was collected unlawfully.

These requests put consumer protection at the center of the case. The main questions are whether the company clearly explained the product's limits and risks, and whether its actions broke state law.

McCuskey has said West Virginia plans to use its consumer protection laws to hold OpenAI responsible for its actions.

“We must do all we can to protect kids,” McCuskey said when announcing the lawsuit. “We have seen time and time again that OpenAI is a danger and the company is doing little to stop it.”

The claims have not been proven in court. The lawsuit asks a judge to decide whether the company broke the law.

The complaint claims that ChatGPT's development and marketing changed as OpenAI moved from its nonprofit beginnings toward a business focused on making money. It alleges that safety reviews became less important as the company worked to grow and increase its income.

The state also questions the chatbot's tendency to agree with users and act as if it understands their feelings. It argues that these features could encourage people to use the chatbot too much or become emotionally dependent on it, especially children and other vulnerable people.

The lawsuit links the technology to alleged cases of psychological harm, delusions, false medical information and financial losses. It also connects incidents involving the technology to at least 24 deaths worldwide.

These are claims made by the state, not findings proven in court.

The complaint also raises concerns about advanced AI models and autonomous agents, which can perform tasks with less direct human involvement. It points to alleged incidents involving unauthorized cyber activity between May and August 2026 as examples of risks from increasingly powerful systems.

Together, the claims make the lawsuit a dispute over how AI products are developed, advertised and used, and what legal responsibilities companies have when their products may put users at risk.

The state is seeking civil penalties of up to $5,000 for each intentional violation of the consumer protection law. It also wants money returned to affected people, profits allegedly gained through unlawful actions returned, and legal and investigation costs repaid.

The state also wants a plan supervised by the court to address young people's online safety and how to respond to users in crisis.

The case is one of several legal challenges to OpenAI brought by state governments. According to the West Virginia attorney general's office, Iowa, Kansas, Nebraska and Arkansas joined McCuskey at the news conference where the lawsuit was announced. Arizona, Idaho and Montana have also sued the company in their state courts.

Editor Charles Young can be reached at 304-626-1447 or [email protected]