Florida has become the first US state to take legal action against OpenAI over the design and safety of its artificial intelligence chatbot, ChatGPT. The sweeping lawsuit, filed by Attorney General James Uthmeier, accuses the company and its chief executive Sam Altman of endangering and addicting children, aiding and abetting mass shooters, and coaxing users into suicide while chasing profits.
In a statement responding to the lawsuit, OpenAI said it has "put in place industry leading protections and policies."
The legal action comes as Florida conducts a criminal investigation into whether ChatGPT played a role in the murder of two people during a mass shooting at Florida State University last year. The civil suit also aims to hold Altman personally liable for what the complaint describes as "reckless and wilful conduct" showing "utter disregard for the risk to human life caused by his firms' conduct."
The complaint levels multiple allegations against OpenAI, including deceptive and unfair trade practices, negligence, violation of product liability laws, fraudulent misrepresentation, and causing a public nuisance.
It cites the Florida State mass shooting and the killing of two University of South Florida doctoral students. Prosecutors say the suspect in that case allegedly asked ChatGPT questions about the disposal of human bodies.
Attorney General's Statement
Speaking at a press conference on Monday, Uthmeier said: "Sam Altman and ChatGPT have chosen the AI race over the safety and security of our kids. They have chosen profit over public safety, and we're not going to stand for it here in Florida. So we will hold them accountable."
OpenAI told the BBC in a statement: "Losing a child is the most devastating tragedy that can happen to a family and we know that no words can come close to addressing the pain of such a loss. AI is a new and powerful technology, and we believe minors need significant protection, which is why we have put in place industry leading protections and policies."
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The company said it builds safety for minors directly into its products, pointing to its age detection tool and other ways parents can monitor how their children use AI. "We know pointing to this work will not bring a child back, but we're committed to getting this right," an OpenAI spokesperson said.
Broader Legal Challenges
The Florida lawsuit adds to a growing list of legal challenges against OpenAI over its safety practices. Several lawsuits claim that ChatGPT has acted as a suicide coach and spurred harmful delusions.
Families of some victims of the Tumbler Ridge mass shooting in Canada earlier this year have also sued OpenAI. The company banned the suspect's ChatGPT account because of problematic usage but did not alert authorities. OpenAI has apologised for not contacting the police but said the suspect's account did not meet its threshold of a credible or imminent plan for serious physical harm to others.
Other major tech companies are also facing legal action. Earlier this year, the father of a Florida man sued Google, saying its flagship AI product fuelled a delusional spiral that prompted his son to kill himself. Social media companies including Instagram parent Meta, Snap Inc, TikTok, and Google's YouTube are facing a barrage of lawsuits from states, school districts, and individuals alleging they design their products to be addictive.
In March, Meta and Google were found liable for harms caused by a 20 year old plaintiff who said they intentionally built their platforms to be addictive. The verdict marked a notable shift in the legal landscape. Tech companies have long argued they are not responsible for user generated content, but product liability cases involving design choices appear to be gaining traction.
Political Context
Uthmeier and Florida Governor Ron DeSantis, both Republicans, have frustrated AI companies that have enjoyed significant support from US President Donald Trump. Florida has pushed back against the Trump administration's efforts to stymie AI regulation by US states. The state recently proposed an "Artificial Intelligence Bill of Rights" for citizens aimed at bolstering data privacy and shielding residents from negative financial impacts of data centres.
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