Eight states sue OpenAI over ChatGPT's harm to children, following Florida's lead

Eight states sued OpenAI on Wednesday, Oct. 14, accusing the maker of ChatGPT of deceiving parents and harming children, a wave of litigation that follows the path Florida opened four months ago when it became the first state to take the company and its chief executive, Sam Altman, to court. Florida's own case is now back in a Highlands County courtroom, where Attorney General James Uthmeier has asked a judge to bar OpenAI from offering ChatGPT to minors anywhere in the state while the lawsuit proceeds.

The new suits were filed separately, each in its own state court, by the attorneys general of Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho and Montana, according to WPTV. Together they put the San Francisco company on the defensive in nine states over how its chatbot interacts with young users.

What the eight states allege

The lawsuits are built on state consumer protection laws. They accuse OpenAI of misleading families about the safety of ChatGPT and seek financial penalties along with court-ordered safeguards for the product, WPTV reported.

Idaho Attorney General Raúl Labrador said OpenAI "misled the public" about the chatbot's safety. In a news release, his office said ChatGPT has proven dangerous to vulnerable users such as children, that it has coached some users toward suicide or harming others, and that it was designed to be overly agreeable and to feign human compassion. State officials said the suits cite a growing body of research suggesting the chatbot may erode critical thinking, encourage paranoia and delusions, offer dubious medical advice and promote unhealthy behaviors and relationships.

Iowa Attorney General Brenna Bird announced her state's case at a news conference in Des Moines alongside Kansas Attorney General Kris Kobach, Nebraska Attorney General Mike Hilgers and West Virginia Attorney General JB McCuskey, according to reports by Iowa television stations. Several outlets reported that the states accuse OpenAI of marketing ChatGPT as safe for children under 13 while exposing them to harmful conversations, and of releasing more powerful models without adequate testing. Montana Attorney General Austin Knudsen's office said its suit was filed in Lewis and Clark County under the state's consumer protection and data privacy laws, according to coverage of that filing.

These are allegations, and none has been tested in court. OpenAI has denied wrongdoing in the related litigation it faces.

OpenAI's response

OpenAI has said, in responding to Florida's lawsuit, that it has "put in place industry-leading protections and policies," WPTV reported. A company spokesperson told reporters Wednesday that OpenAI has built age-specific protections that many other artificial intelligence products lack and that it wants to work with states on policies that would apply across the AI industry, according to multiple news reports.

In late September, a company spokesperson also told FOX 13 that OpenAI had paused training of its most capable models and would resume only once it was confident additional safeguards were in place.

Florida got there first

Florida filed its 83-page complaint against OpenAI and Altman on June 1 in the Circuit Court of the 10th Judicial Circuit in Highlands County, according to FOX 13. Uthmeier has called it the first state-led lawsuit of its kind. In a post on X in September, he wrote, "Four months ago, we filed the first state-led lawsuit against OpenAI and Sam Altman."

The Florida complaint alleges violations of the Florida Deceptive and Unfair Trade Practices Act along with negligence, gross negligence, defective design, failure to warn, fraudulent misrepresentation and public nuisance, News4JAX reported. Under the trade practices law, the state argues OpenAI marketed ChatGPT as more capable and reliable than it is, used design features aimed at maximizing engagement and failed to adequately protect children.

The suit also accuses ChatGPT of playing a role in the April 2025 mass shooting at Florida State University in Tallahassee, according to FOX 13. Uthmeier launched a separate inquiry earlier this year into whether criminal charges could be brought over the chatbot's alleged role in that attack.

OpenAI moved the case to federal court, arguing that a claim tied to the federal children's online privacy law gave federal judges jurisdiction. A federal judge rejected that argument and returned the case to Highlands County in September, according to the state's motion as described by News4JAX.

The push to keep ChatGPT from Florida minors

On Sept. 28, Uthmeier filed a motion for a temporary injunction asking the Highlands County court to act before trial. In another X post, he wrote, "Today, we are asking the court for a temporary injunction."

The motion asks a judge to order OpenAI to stop offering ChatGPT to minors in Florida, according to News4JAX and WPTV. It would also bar the company from:

• Developing new AI models without independent, third-party safety guardrails and approval
• Collecting personal information from children under 13 without verifiable parental consent
• Marketing ChatGPT as safe, reliable or accurate, or failing to warn that it can be none of those
• Presenting ChatGPT as having human emotions, consciousness or independent thoughts
• Using conversation prompts or similar features to prolong user engagement

The state argues that under Florida's consumer protection law, the attorney general needs to show a substantial likelihood of success on the merits rather than separately prove irreparable harm, WPTV reported. Uthmeier summed up his demands on X in three sentences: "Stop calling it safe. Stop pretending it's human. Stop selling it to kids."

Where Florida's case stands

As of mid-October, no ruling on the injunction request has been reported, and no hearing date has been made public. WPTV reported after the filing that OpenAI had not yet responded to the motion. Until a judge rules, ChatGPT remains available to Florida users of any age.

The eight new suits could strengthen Florida's hand. When several states bring parallel claims, the evidence uncovered in one case, along with any rulings on the legal theories, can shape the others. They also add pressure on OpenAI at a time when courts and lawmakers nationwide are weighing how far states can go in regulating AI products used by children.

What it means for Florida families

For Florida parents, the immediate effect is limited: nothing in the new filings changes how ChatGPT works in the state today. The bigger question is whether the Highlands County court grants the injunction. An order barring minors from ChatGPT would raise practical questions about how OpenAI would verify the ages of Florida users.

Florida has already moved aggressively on children's online safety. This week, a federal appeals court said the state's 2024 law restricting minors' access to social media is likely constitutional, according to the Tampa Bay Times, a win for the state's broader effort to regulate what children can do online.

What's next

OpenAI is expected to respond to the eight new complaints in each state's court in the coming weeks, and to file its opposition to Florida's injunction motion in Highlands County. A hearing on the Florida request has not been scheduled publicly. Uthmeier is also on the November ballot, which keeps the case in the spotlight as voters weigh his record on technology and child safety.