LITTLE ROCK—Attorney General Tim Griffin has filed a lawsuit against OpenAI, alleging the company engaged in deceptive practices and violated Arkansas laws regarding consumer protection and the privacy of minors. The complaint, filed on Oct. 14 in Faulkner County Circuit Court, claims the tech company misled the public about the safety of its AI product, ChatGPT, and concealed known risks, particularly for children and teens.
The 73-page filing seeks restitution, civil penalties, improved safety disclosures, and restrictions on some forms of AI testing and development. The case, numbered 23CV-26-2984, also calls for an independent evaluation of OpenAI’s safeguards.
Griffin’s office accuses OpenAI of promoting ChatGPT as a reliable and safe technology while withholding critical information about its risks and limitations. The complaint alleges instances where minors accessed harmful content, including instructions for self-harm or suicide, that bypassed the platform’s safety protocols.
"OpenAI assures us that ChatGPT is safe. The consequences of that assurance are lives lost and people harmed," Griffin said in a statement accompanying the lawsuit.
The state further contends that ChatGPT’s conversational design fosters emotional dependence among users. It identifies three main areas of alleged legal violations:
**Consumer Protection:** Arkansas claims OpenAI violated the state’s Deceptive Trade Practices Act by misrepresenting ChatGPT’s safety, engaging in deceptive practices, and omitting critical warnings.
**Children's and Teens’ Privacy:** The lawsuit accuses OpenAI of breaching the Children’s and Teens’ Online Privacy Protection Act by unlawfully collecting and retaining personal information from minors, failing to provide necessary disclosures, and not obtaining legally required parental consent.
**Common-Law Violations:** Additional claims include negligence, strict liability for design defects, unjust enrichment, and public nuisance.
OpenAI spokesperson Drew Pusateri responded to the broader state-level litigation in a statement provided to the Idaho Capital Sun. Pusateri highlighted existing safeguards within ChatGPT, including parental controls, break reminders, and protections designed for different age groups. Acknowledging the limitations of the system, he stated the company is committed to improving safety measures in collaboration with experts and policymakers.
"We’ve built industry-leading age-specific protections into our product that many other AI products lack. While our systems are not perfect, we’re working hard to enhance safeguards and meet the high expectations of our users," Pusateri said.
The legal action follows a trend of lawsuits against OpenAI and other AI developers from states such as Nebraska, Iowa, Kansas, West Virginia, Arizona, and Montana. Arkansas seeks to block future violations of consumer protection and privacy laws, as well as to prohibit OpenAI from collecting personal data from minors without appropriate safeguards or consent.
The state also requests civil penalties of $10,000 for each violation of the Deceptive Trade Practices Act, with additional penalties where older individuals or those with disabilities are involved. Arkansas is further asking the court to halt the development of AI models capable of self-improvement until the company implements and verifies adequate safety protections through independent third-party monitoring.
The case reflects a growing national debate over the ethical boundaries, safety, and regulation of artificial intelligence. OpenAI has yet to comment publicly on the specific claims made in Arkansas but has indicated its willingness to engage with states to develop responsible AI industry practices.