Arkansas sues OpenAI over ChatGPT safety and minors’ data

Arkansas Attorney General Tim Griffin filed a civil lawsuit against OpenAI on Oct. 14 in Faulkner County Circuit Court. Arkansas alleges OpenAI represented ChatGPT as safe despite risks and collected or retained minors’ personal information without required notice or consent. The claims have not been decided by a court.

The Attorney General’s office says the suit asserts claims under the Arkansas Deceptive Trade Practices Act and the Children’s and Teens’ Online Privacy Protection Act, along with common-law claims including negligence, strict liability for design defect and failure to warn, unjust enrichment and public nuisance. The state also alleges users could obtain self-harm instructions or bypass safeguards.

Arkansas seeks a declaration of violations, risk disclosures, restitution, civil penalties and injunctions. Requested restrictions include limits on collecting minors’ data and a pause in specified advanced-AI testing and development of models capable of recursive self-improvement until safeguards are adequate. These are requests, not court orders; no ruling granting relief has been reported. OpenAI has said ChatGPT has safety protections for children and that it will continue improving them, The Associated Press reported. The case is pending.