Nebraska Attorney General Mike Hilgers is joining attorneys general from seven other states in lawsuits accusing OpenAI of misleading parents about the safety of its ChatGPT artificial intelligence platform and putting children at risk.
Hilgers announced Nebraska’s lawsuit alongside attorneys general from Iowa, Kansas and West Virginia. Arkansas, Arizona, Idaho and Montana are also filing separate lawsuits against OpenAI in their respective states.
Hilgers says the lawsuits apply longstanding consumer protection laws to a rapidly developing technology. “Having a free market doesn’t mean there aren’t restrictions,” Hilgers said. “And one of the most important restrictions is no matter what product or what service you sell to customers, they can’t harm people.”
The lawsuit alleges ChatGPT has encouraged suicidal behavior, provided dangerous medical advice and helped users with harmful activities. State officials also raised concerns about the technology’s potential effects on children and its marketing to users as young as 13.
Hilgers says OpenAI should not promote its product as safe for children if its safety measures are inadequate. “If you have a product that is not safe for children, one, you should not sell it to children, and two, you should not tell parents and you should not tell family members that it is safe for children,” Hilgers said.
He also cited concerns about an alleged hacking incident involving AI agents, calling it a serious issue for Nebraska businesses and families. Hilgers says the legal action is not an effort to stop AI development or competition, but to ensure companies follow the law and protect consumers.
“This is an application of authority we have had for decades that we have applied to all sorts of different markets. And even though this is a very cutting-edge technology, it does not exempt those particular companies … from the laws and the authority of the state attorneys general.”
The states are seeking to hold OpenAI accountable under their consumer protection laws. Hilgers said Nebraska also wants the case to proceed in state court so Nebraska residents can help determine the harm allegedly caused to people in the state.
OpenAI has not addressed the specific allegations and the claims in the lawsuits have not been established in court.