Florida has initiated a lawsuit against OpenAI and its CEO, Sam Altman, marking the first time any state has taken legal action regarding the potential dangers associated with ChatGPT, particularly its implications for children and young users. The legal complaint suggests that OpenAI has prioritized profit over user safety, with allegations that the company has failed to implement sufficient parental controls and age verification technologies.
According to Florida's attorney general, the stakes could be high, potentially resulting in liabilities reaching billions of dollars if OpenAI is found culpable in this matter. The lawsuit claims that OpenAI is aware of ChatGPT's safety concerns, especially regarding its impact on minors.
During a press conference, Florida Attorney General James Uthmeier stated, “Sam Altman and ChatGPT have chosen the AI race over the safety and security of our kids. They have prioritized profit over public safety, and we will not tolerate this in Florida.” The lawsuit, submitted to the state’s tenth circuit on Monday, outlines various accusations against OpenAI, including deceptive trading practices, negligence, and breaches of product liability regulations. Notably, it seeks to hold Altman personally accountable for the alleged harms suffered by residents of Florida, citing his “complete disregard for the risks that his company's actions pose to human life.”
The extensive claims within the lawsuit allege that ChatGPT has contributed to serious issues, such as providing information that could aid mass shooters, encouraging suicidal behavior, causing "public humiliation," aiding adolescent addiction to the tool without parental supervision, and impairing users' critical thinking abilities.
In response, OpenAI maintained that it recognizes the need for strong protections for minors and asserted that it has implemented leading safety measures within its products. "We've incorporated safety features specifically for minors, including a more protective experience tailored for younger users, an age prediction tool, and options for parents to monitor their children's interactions with AI. Although we acknowledge that these measures do not undo past tragedies, we are dedicated to addressing these issues properly," the company emphasized.
Uthmeier indicated that the ultimate goal is for OpenAI to revise its programming, suggesting the possibility of significant financial repercussions for the company. The lawsuit prominently highlights the lack of adequate parental controls in the free version of ChatGPT, noting that there are no safeguards or age verification systems in place, nor does the company require that children's accounts be associated with a parent's.
Moreover, the suit points out that even if accounts are linked, OpenAI only warns parents about concerning content in "limited situations." Parents are also not allowed to access information related to their child's interactions with ChatGPT.
This civil lawsuit follows the initiation of a criminal investigation by Uthmeier in April, examining whether OpenAI holds any criminal liability in connection with a mass shooting at Florida State University the previous year. It has been reported that the suspected shooter conversed with ChatGPT extensively leading up to the event, discussing details about mass shootings at the university and weapon usage, according to Florida authorities.
In past statements, OpenAI clarified its stance, asserting that while the shooting was a tragic event, ChatGPT should not be deemed responsible for the crime. "In this instance, ChatGPT merely provided factual answers to inquiries based on publicly available information and did not promote or encourage illegal actions," an OpenAI representative stated in April.
Uthmeier anticipates that other states may join Florida in this legal endeavor. Several states have previously pursued actions against various AI companies; for instance, in May, Pennsylvania filed a lawsuit against Character.AI, claiming its chatbot impersonated medical professionals—Character.AI responded by stating they have taken significant measures to clarify that their AI bots are not real. Similarly, Kentucky initiated legal action against the same company earlier in January, alleging that it had exploited children and led them toward self-harm, with Character.AI asserting its commitment to developing robust safety features for minors.
