OpenAI faces legal action from nine US states over ChatGPT's safety, with Texas pushing to block children from the chatbot and subject every future model to independent review.
Texas filed the latest case on 23 October 2026, after lawsuits on 14 October by Arizona, Arkansas, Idaho, Iowa, Kansas, Montana, Nebraska and West Virginia.
Texas Attorney General Ken Paxton is seeking civil penalties of up to $10,000 (£7,505) per violation, along with measures that could change how millions of people use ChatGPT. His lawsuit asks for minors to be barred from the service, new AI models to face independent expert review, and limits on responses involving suicide, eating disorders and violence.
For OpenAI, the stakes are rising. The lawsuits could turn a harsh spotlight on its safety measures and push ChatGPT to change how it works, especially when children and vulnerable users are involved.
Nine States Challenge ChatGPT's Safety
The eight lawsuits filed on 14 October marked a wider state-level challenge to OpenAI's approach to AI safety. Texas joined that group with its own case on 23 October, bringing the total to nine states involved in these actions.
These cases add to the growing pressure on AI companies to protect users, especially children and vulnerable people. One note on the numbers: 'nine states' refers to this particular group of state-level actions, not every lawsuit OpenAI is facing.
Texas wants to go beyond fines. Its proposals could change who gets to use ChatGPT, how new models get approved and how the chatbot handles sensitive questions.
For families, a win for Texas could mean kids losing access to ChatGPT entirely. Adults might also notice different answers on topics like suicide, eating disorders and violence, depending on what the court ends up ordering.
For now, these are possibilities, not changes already in place. A court would have to grant the requested measures before anyone could enforce them.
Sam Altman Faces Personal Liability Claims
This time, it's personal. Texas isn't only going after OpenAI. It wants Sam Altman, the founder and chief executive, to answer personally for the alleged deception.
And the filing sets the tone right from the top, opening with a past remark attributed to Altman about AI's dangers and its money-making promise.
AI would 'probably most likely lead to the end of the world, but in the meantime, there'll be great companies', he said.
Paxton alleges that OpenAI has failed to deliver on its safety assurances and has long failed to verify users' identities as required by state law.
The lawsuit also makes serious claims about the real-world consequences of ChatGPT, alleging that the company's conduct has contributed to harm involving vulnerable people and minors.
The filing states: 'Because of Defendants' misrepresentations about their artificial intelligence products and their careless introduction of ChatGPT to Texas and the world, mass shooters have been aided in deadly rampages, vulnerable people have been encouraged towards suicide, and minors have become addicted to a tool that feigns human compassion to collect their data with no parental oversight.'
These are allegations contained in the legal filing, not established findings of wrongdoing.
OpenAI has defended its approach to safety, saying it works with experts to improve ChatGPT and strengthen its safeguards.
A company spokesperson said: '[OpenAI] works closely with experts to continually improve ChatGPT, mitigate risks and build additional safeguards. Governments have an important role to play in setting robust safety standards for AI, and we're committed to working with Texas and other states on advancing pragmatic AI policies that apply to the entire AI industry - not just one company.'
OpenAI's Rapid Growth Comes Under Scrutiny
The Texas lawsuit also questions the relationship between OpenAI's rapid commercial growth and its approach to safety.
According to the filing, OpenAI's valuation has climbed from about $17 billion (£12.76 billion) to more than $1.25 trillion (£938.19 billion) in four years. The lawsuit argues that this success came at an unacceptable cost to users, accusing the company of exploiting their data and compromising their safety.
The filing describes the company's rise as the result of alleged deception and the exploitation of users, including Texans.
However, the valuation figures and the allegations should be treated separately. The former provides context for OpenAI's growth, while the latter represents the state's claims that must be tested through legal proceedings.
Paxton has also pursued legal action against other major technology companies, including Roblox, TikTok and Meta.
In July 2024, Meta agreed to pay Texas $1.4 billion (£1.05 billion) to settle claims that it had deployed facial recognition technology without users' consent. The settlement illustrates the financial exposure technology companies can face when state authorities challenge their practices.
What Happens if Texas Wins?
If the court gives Texas much of what it's asking for, the effects could reach well beyond the state.
Banning under-18s from ChatGPT could force changes to age checks and access controls. Requiring independent approval could slow down new model releases. And limits on sensitive responses could change how the chatbot handles some of the toughest questions people ask it.
The outcome could also shape the debate in other states over whether AI companies should be held to tougher standards when it comes to protecting children and vulnerable people.
For now, ChatGPT users shouldn't assume the service is going away or that these restrictions are already in place. Nothing can change until a court says so.
It's also worth remembering that the nine state-level actions are not one joint lawsuit, and they aren't proof that OpenAI broke the law.
But the stakes are clear. Texas isn't only challenging how OpenAI markets ChatGPT. It's challenging how the technology is allowed to work.
