# Texas Sues OpenAI and Sam Altman, Joining Eight States Over ChatGPT

- URL: https://usa-24.com/texas-sues-openai-chatgpt-lawsuit/
- Publisher: USA 24
- Section: Artificial Intelligence (AI)
- Published: 2026-10-23T23:37:34.027Z
- Updated: 2026-10-23T23:37:34.033Z
- Topics: OpenAI, ChatGPT, Ken Paxton, State Attorneys General, Child Safety

> Paxton says OpenAI and Sam Altman misled Texans about ChatGPT's risks, adding a state to the child-safety suits that eight other states filed on October 14.

## Key takeaways

- Texas Attorney General Ken Paxton sued OpenAI and Sam Altman, alleging the company failed to warn consumers about ChatGPT risks and did not protect minors as state law requires.
- Attorneys general from Arizona, Arkansas, Idaho, Iowa, Kansas, Montana, Nebraska and West Virginia each filed separate suits in their own state courts on October 14, 2026.
- The Montana complaint lists six causes of action and demands a jury trial, per-violation penalties and age verification.
- No state suit against OpenAI has produced a court ruling, so every claim remains an allegation.
- Senate Commerce advanced Sen. Ted Cruz's CHATBOT Act (S. 4407), which would require verifiable parental consent for teen chatbot users, but the bill has not become law.

Texas has sued OpenAI and Sam Altman over ChatGPT, adding a state to the child-safety fight that eight other states began on October 14. Texas Attorney General Ken Paxton says the company failed to warn consumers about the product's risks and did not put proper safeguards for minors in place.

## What the Texas complaint alleges

According to [The Hill's report on the filing](https://thehill.com/policy/technology/6169375-paxton-sues-openai-chatgpt/), the complaint says OpenAI and Altman marketed their products as "trustworthy, reliable, and safe." Paxton's position is that ChatGPT is prone to errors and hallucinations. The complaint cites users who relied on wrong health information.

The suit also alleges that OpenAI did not put proper safeguards for minors in place, as the state's SCOPE Act requires. Paxton put the core charge in pointed terms. In the complaint, he wrote: "Defendants have built an artificial intelligence empire on the backs of Texans by deceiving them."

The filing date and court for the Texas case were not confirmed in the reporting available for this story. Check the Texas Attorney General's website for the complaint itself before relying on procedural details. Every claim here is an allegation that no court has yet tested.

## Eight states filed their own suits on October 14

On October 14, 2026, attorneys general from Arizona, Arkansas, Idaho, Iowa, Kansas, Montana, Nebraska and West Virginia each filed separate suits in their own state courts. [Haynes Boone's alert](https://www.haynesboone.com/news/alerts/eight-states-sue-openai-over-chatgpts-marketing-and-design-for-minors) describes the filings as parallel lawsuits rather than one multistate case. Texas is not part of that group, so at least nine states are now pursuing action against the company.

The states rely on their own consumer-protection laws instead of a single federal action. They argue ChatGPT was designed to be agreeable and emotionally engaging in ways that harm children. The suits allege that OpenAI marketed ChatGPT as safe for children under 13. They seek product changes, civil penalties and the surrender of profits earned from young users, according to [Technology.org](https://www.technology.org/2026/10/15/eight-states-sue-openai-chatgpt-child-safety-claims/).

Iowa's petition runs 91 pages, based on the state's release as summarized by [OpenTools](https://opentools.ai/news/eight-states-sued-openai-chatgpt-safety-what-happens-now). At a news conference announcing the action, Iowa Attorney General Brenna Bird said the company "advanced ChatGPT at a high speed." She also said it was "lying to parents and breaking our laws."

## What the ChatGPT lawsuits say about minors

The center of these cases is how the product behaves with young users, not only what it says. Several states argue that the design itself, including an agreeable and emotionally engaging style, harms children. That framing lets them rely on consumer-protection and product-design theories while federal rules remain unsettled.

OpenAI's response so far is general. The company says it has built age-specific protections that many rival products lack. Those claims have not been tested in court, and none of the state suits has produced a ruling.

Earlier warnings set the stage. Earlier in 2026, California and Delaware attorneys general warned OpenAI about its safety practices after several deaths reportedly connected to ChatGPT, according to [Yahoo News](https://www.yahoo.com/news/articles/states-warn-openai-serious-concerns-194948682.html). The current suits follow that pressure.

A separate federal class action, reported as filed October 13, targets OpenAI's collection of children's data, according to [SOFX](https://www.sofx.com/eight-states-sue-openai-alleging-chatgpt-coached-minors-toward-self-harm-and-violence/). That report is the only source for the filing, so its status and the scope of its claims remain unclear.

## Montana's complaint shows what states want

Montana's complaint, filed in Lewis and Clark County, is the most detailed filing described in the reporting. It pleads six causes of action:

- Two counts under the Montana Consumer Protection Act
- One count under the Montana Consumer Data Privacy Act
- Common-law negligence
- Design-defect and failure-to-warn claims

The complaint also demands a jury trial, per-violation penalties and age verification. The age-verification demand is the one most likely to reach ordinary users. A court order requiring age checks would force the product to identify minors before applying different protections, which would change the sign-up and access experience for families.

The design-defect and failure-to-warn counts treat a chatbot more like a physical product with hazards that needed warning labels. That theory differs from older internet cases that focused on content posted by third parties. If it holds up, it could give other states a template.

## Why states are moving faster than Congress

Federal action has moved more slowly. Senate Commerce advanced Sen. Ted Cruz's CHATBOT Act (S. 4407), which would require family accounts and verifiable parental consent for teen chatbot users. The bill has not become law, according to [Inside Global Tech's third-quarter update](https://www.insideglobaltech.com/2026/10/19/u-s-tech-legislative-regulatory-update-third-quarter-2026/).

Kansas Attorney General Kris Kobach said states "are not going to hold our breath" waiting for federal rules on AI companies. A legal analysis from [Troutman Pepper Locke](https://eaccny.com/news/member-news/troutman-pepper-locke-eight-state-ags-sue-openai-over-chatgpt-safety-and-consumer-protection/) describes the suits as states using existing consumer-protection laws to regulate AI while federal rules are still pending.

States have used litigation against large tech platforms before. Rhode Island's lawsuit against Meta over scam ads and its AI ad tools is one example, as [USA 24 reported](https://usa-24.com/rhode-island-sues-meta-scam-ads/). For OpenAI, the practical risk is a patchwork. Different state requirements on age verification and data handling could force different product settings by state, and businesses that use ChatGPT in customer-facing or youth-facing products would face their own compliance questions.

## Is ChatGPT safe for kids? What parents can do now

The lawsuits do not answer whether ChatGPT is safe for children, and no court has ruled. What they do show is that several state attorneys general want the company's safety claims tested in court. Parents do not have to wait for a verdict to act. These steps are general guidance, not recommendations drawn from the filings:

1. Review teen accounts and parental controls in ChatGPT settings, and confirm which account a child uses.
2. Keep children from relying on a chatbot for emotional support or health advice, and point them to a parent, doctor or counselor.
3. Check what personal data is linked to the account, and remove details that are not needed.
4. Talk with kids about the gap between a confident chatbot answer and an accurate one.

Data exposure is a broader concern across AI products. Meta paused sharing for its Muse product after 6,800 shared chat links were exposed, which is a reminder to check what a shared link reveals. Public opinion is also wary, and a [USA 24 poll story](https://usa-24.com/americans-oppose-data-centers-poll/) found most Americans say AI is bad for society.

## What comes next for OpenAI and the state cases

Three things bear watching. First, whether more states join the eight already in court, and whether the cases are consolidated. Second, how OpenAI answers the complaints, since its public statements so far emphasize its protections rather than a legal defense. Third, the Texas filing itself. Once its date and court are public, readers can see how closely it tracks the October 14 complaints.

The first court rulings, whether on motions to dismiss or on early requests to change the product, will set the tone. If the CHATBOT Act moves through the Senate, it could set national rules that override or join the state approach. Until then, the company faces a growing set of cases under different state laws.

## Frequently asked questions

### Did Texas sue OpenAI over ChatGPT?

Yes. Texas Attorney General Ken Paxton sued OpenAI and Sam Altman, alleging the company marketed ChatGPT as safe and reliable while failing to warn consumers about errors and to protect minors as the state's SCOPE Act requires. The filing date and court were not confirmed in the reporting available, so check the Texas Attorney General's website for the complaint.

### Which states sued OpenAI on October 14, 2026?

Attorneys general from Arizona, Arkansas, Idaho, Iowa, Kansas, Montana, Nebraska and West Virginia each filed separate suits in their own state courts that day. The states rely on their own consumer-protection laws and argue ChatGPT was designed to be emotionally engaging in ways that harm children. They seek product changes, civil penalties and the surrender of profits earned from young users.

### Is ChatGPT safe for kids?

The lawsuits do not settle that question, and no court has ruled on the state claims. They are allegations, and OpenAI says it has built age-specific protections that many rival products lack. Parents can review teen accounts and parental controls in ChatGPT settings, limit emotional or health advice from chatbots, and check what personal data is linked to the account.

### What does the Montana lawsuit against OpenAI ask for?

The complaint, filed in Lewis and Clark County, pleads six causes of action, including two counts under the Montana Consumer Protection Act and one under the Montana Consumer Data Privacy Act. It also includes common-law negligence, design-defect and failure-to-warn claims. The complaint demands a jury trial, per-violation penalties and age verification.

## Sources

1. [Ken Paxton sues OpenAI, Sam Altman over alleged failures to warn consumers of ChatGPT risks](https://thehill.com/policy/technology/6169375-paxton-sues-openai-chatgpt/)
2. [Eight States Sue OpenAI, Claiming ChatGPT Puts Children at Risk](https://www.yahoo.com/news/us/articles/eight-states-sue-openai-claiming-153355875.html)
3. [Eight States Sue OpenAI in Parallel Separate Lawsuits Over ChatGPT's Marketing and Design for Minors](https://www.haynesboone.com/news/alerts/eight-states-sue-openai-over-chatgpts-marketing-and-design-for-minors)
4. [Eight US States Sue OpenAI Over ChatGPT Safety Claims for Children](https://www.technology.org/2026/10/15/eight-states-sue-openai-chatgpt-child-safety-claims/)
5. [Eight states sued OpenAI over ChatGPT safety — here is what happens now](https://opentools.ai/news/eight-states-sue-openai-chatgpt-child-safety-what-changes)
6. [Eight States Sue OpenAI, Alleging ChatGPT Coached Minors Toward Self-Harm and Violence](https://www.sofx.com/eight-states-sue-openai-alleging-chatgpt-coached-minors-toward-self-harm-and-violence/)
7. [States warn OpenAI of 'serious concerns' with chatbot](https://www.yahoo.com/news/articles/states-warn-openai-serious-concerns-194948682.html)
8. [Troutman Pepper Locke: Eight State AGs Sue OpenAI Over ChatGPT Safety and Consumer Protection](https://eaccny.com/news/member-news/troutman-pepper-locke-eight-state-ags-sue-openai-over-chatgpt-safety-and-consumer-protection/)
9. [U.S. Tech Legislative & Regulatory Update – Third Quarter 2026](https://www.insideglobaltech.com/2026/10/19/u-s-tech-legislative-regulatory-update-third-quarter-2026/)