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Arizona sues OpenAI, saying ChatGPT was built and marketed in ways that put children at risk

Attorney General Kris Mayes filed the consumer fraud case Wednesday in Maricopa County Superior Court as seven other states sued in their own courts; OpenAI points to its parental controls and age protections.

Pierce Keller

October 15, 20262 min read

Digital Safety - illustration, Jake Team LLC

Arizona Attorney General Kris Mayes has sued OpenAI, accusing the maker of ChatGPT of breaking the state's Consumer Fraud Act by hiding how its chatbot is designed and by marketing it as safe for young users.

The 87-page complaint was filed Wednesday, Oct. 14, in Maricopa County Superior Court, according to the attorney general's office and the Arizona Mirror. The Mirror reported that seven other states filed comparable suits in their own courts that day: Kansas, Arkansas, Iowa, Nebraska, West Virginia, Montana and Idaho.

What the state alleges

The lawsuit says OpenAI concealed features that make ChatGPT highly agreeable and built it to imitate human compassion, drawing users, including minors, into longer and more frequent use. It alleges the company hurried the product to market ahead of safety and that its tendency to agree with users can override its own safeguards.

According to the attorney general's announcement, the complaint lists harms it says were never disclosed to Arizona families, among them weakened critical thinking, encouragement of paranoid or delusional thinking, unlicensed medical advice and unhealthy behaviors and relationships.

It also says the chatbot has at times produced replies that some users took as urging them to hurt themselves or others, and that it sometimes nudges young people to confide in it rather than in parents or other adults.

The suit also takes aim at advertising that presents ChatGPT as a help with financial and health decisions without adequately saying it can be wrong or is not licensed to give legal, medical or accounting advice, the Mirror reported.

"We're suing OpenAI to protect Arizona children and to hold the company accountable for its repeated violations of Arizona law," Mayes said in a statement.

The state wants the court to require stronger safety controls. Arizona's consumer fraud law allows civil penalties of up to $10,000 per violation, and the Mirror reported Mayes is seeking that amount for each instance of deceptive advertising.

OpenAI's response

OpenAI spokesperson Drew Pusateri told Arizona's Family the company has "built industry-leading age-specific protections" that many other AI products lack, and cited parental controls, break reminders and protections tailored by age. He said no system is perfect and that the company will keep adding safeguards with outside experts.

He also said OpenAI wants to work with states on AI rules that cover the whole industry, "not just one company."

ChatGPT is rated for users 13 and older; the company told the Mirror that users under 18 need a parent's permission.

The attorney general's office says residents who think they or a child were harmed by consumer fraud can file a complaint at azag.gov/consumer or by phone at 602-542-5763 in Phoenix, 520-628-6648 in Tucson or 800-352-8431 elsewhere in the state.

Sources

azag.gov

azmirror.com

azfamily.com

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Pierce Keller

Pierce Keller writes about community life, schools, public safety, and local events in Queen Creek.

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