OpenAI is facing lawsuits from at least eight states that accuse its ChatGPT chatbot of harming children and deceiving parents about its safety.
Attorneys general in Arizona, Arkansas, Idaho, Iowa, Kansas, Montana, Nebraska and West Virginia sued in their own state courts on Wednesday. Iowa Attorney General Brenna Bird announced her state's suit at a press conference alongside Kansas Attorney General Kris Kobach, Nebraska Attorney General Mike Hilgers and West Virginia Attorney General JB McCuskey.
"OpenAI is hurting kids and they are lying to Iowans," Bird said in a statement. "OpenAI claims ChatGPT is safe while it's giving dangerous medical advice, encouraging people to hurt others, and coaching people to commit suicide." Her suit invokes the Iowa Consumer Fraud Act.
The states contend OpenAI deceived the public by marketing ChatGPT as safe while engineering it to validate users and simulate emotional connection. They say this has endangered vulnerable users, including by coaching people toward suicide or violence against others. Among other allegations, the suits say the chatbot entrenches delusional thinking and has helped users plot mass shootings, according to Reuters.
Montana filed a lawsuit in Lewis and Clark County under the Montana Consumer Protection Act and the Montana Consumer Data Privacy Act. The state says ChatGPT does not verify users' ages or seek parental consent before collecting data from children under 13.
Arkansas filed a lawsuit citing its Deceptive Trade Practices Act and its Children's and Teens' Online Privacy Protection Act. It also asserts negligence, strict liability, unjust enrichment and public nuisance claims. The state seeks restitution, civil penalties, clear disclosure of ChatGPT's risks, and an injunction against further advanced AI testing and development of models capable of recursive self-improvement until adequate safeguards are in place.
Nebraska announced its suit under the Nebraska Consumer Protection Act, the Uniform Deceptive Trade Practices Act and the Age-Appropriate Online Design Code Act. "It markets its AI as safe for minors, yet its products have deep flaws that have led to suicide, violence, and harm," Hilgers said in a statement.
Arkansas Attorney General Tim Griffin’s office also listed Utah among the states that filed similar suits Wednesday, which would bring the total to nine; the Iowa, Montana and Nebraska announcements named eight.
OpenAI spokesperson Drew Pusateri said the company has incorporated safeguards tailored to younger users that rival AI offerings do not provide, and that it is collaborating with state governments to shape industry-wide policy, according to CNBC. "While no system can be perfect, we'll continue to work with experts to inform our work and build additional safeguards, such as the parental controls, break reminders and age-appropriate model protections that exist today," Pusateri said.
Florida became the first U.S. state to sue OpenAI over safety risks in June. The Wednesday filings are the most significant coordinated state action against an AI company, according to Reuters, as OpenAI prepares for a public listing.