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State of Texas v OpenAI Global LLC

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Case Information
Case name State of Texas v. OpenAI Global, LLC et al.
Court District court in Collin County, Texas; judicial district blank in posted petition.
Docket Not identified in the sources reviewed; cause number blank in posted petition.
Filed Suit announced October 23, 2026; petition dated the same day, without a filing stamp in the reviewed copy.
Judge(s) Not identified in the sources reviewed.
Plaintiffs State of Texas
Defendants OpenAI Global, LLC; OpenAI Foundation; OpenAI OpCo, LLC; OpenAI Group PBC; OpenAI Holdings, LLC; OpenAI, LLC; Sam Altman
Case type State consumer-protection and child-privacy enforcement
Claims / issues Alleged DTPA and SCOPE Act violations concerning ChatGPT representations, safety, age assurance and parental protections
Status October 23, 2026: suit announced and original petition dated; requested restrictions and penalties are not orders or awards in the reviewed source.

State of Texas v OpenAI Global LLC is a Texas consumer-enforcement action concerning the marketing, safety and operation of ChatGPT. The attorney general announced the lawsuit on October 23, 2026. The state's original petition names six OpenAI entities and Sam Altman and asserts claims under the Texas Deceptive Trade Practices–Consumer Protection Act (DTPA) and the Securing Children Online through Parental Empowerment (SCOPE) Act. The state's allegations and requests for restrictions and penalties are not judicial findings or orders.[1][2]

Parties and proceeding

The plaintiff is the State of Texas, acting through the attorney general's Consumer Protection Division. The defendants are OpenAI Global, LLC; OpenAI Foundation (formerly OpenAI, Inc.); OpenAI OpCo, LLC; OpenAI Group PBC; OpenAI Holdings, LLC; OpenAI, LLC; and Sam Altman. Texas seeks personal liability against Altman based on his alleged participation in the challenged conduct.[3]

The petition is addressed to a district court in Collin County, Texas, but the posted copy leaves the cause number and judicial district blank. Its signature date is October 23, 2026; the attorney general's same-day announcement reports that suit was brought. The reviewed copy does not establish a court-assigned case number or judge, service, subsequent pleadings or a ruling on the requested relief. Texas expressly disclaims federal causes of action.[3][1]

Allegations

Texas alleges that the defendants promoted ChatGPT as trustworthy, reliable and safe while inadequately disclosing risks and providing insufficient safeguards. The petition challenges alleged engagement-promoting design, misleading human-like presentation, inadequate age assurance and parental controls, and the prioritization of product launches over safety evaluation. It cites reported injuries, research and alleged model-security incidents in support of those theories. These accounts are the state's pleaded positions; citation in the petition does not independently establish the underlying incidents or causation.[4]

Claims and requested relief

Count I alleges deceptive practices under the DTPA, including claimed failures to warn, misleading safety and reliability representations, inadequate age verification and consent, and unsafe design and testing. Count II alleges SCOPE Act violations involving known minors' information and parental protections. In particular, Texas alleges a failure to verify a parent's identity and relationship to a minor and a failure to provide required tools for supervising privacy and account settings. The petition invokes SCOPE Act section 509.151 to pursue those alleged violations through DTPA enforcement. Both counts are pleaded against all defendants; this is an enforcement petition, not a judgment establishing the statutes' application to the disputed conduct.[5]

Texas requests temporary and permanent injunctive relief. The proposed restrictions include barring ChatGPT from being offered to minors in Texas and preventing release of any new AI model to Texas users unless an independent evaluator approved by the court has reviewed its safety guardrails and approved release. Other requested terms concern warnings, age verification, parental consent, SCOPE compliance, testing and allegedly misleading representations or engagement features. Those proposed restrictions have not been granted by the reviewed petition.[6]

The state also seeks civil penalties of $10,000 for each alleged DTPA violation, including violations concurrently constituting SCOPE Act violations; disgorgement of assets as provided by law and equity; interest; investigation and court costs; and attorneys' fees. The petition discusses a statutory ceiling of up to $10,000 per violation, requests monetary relief exceeding $1 million for pleading purposes, and demands a jury trial. Neither a total penalty nor an award is established by those requests.[5][6][7]

References

  1. ↑ 1.0 1.1 Texas Attorney General, lawsuit announcement, October 23, 2026.
  2. ↑ Texas's Original Petition, dated October 23, 2026, pp. 1–9, 59–67 (official attorney-general copy).
  3. ↑ 3.0 3.1 Original petition, pp. 3–9, paragraphs 2–25.
  4. ↑ Original petition, pp. 10–59, paragraphs 30–189.
  5. ↑ 5.0 5.1 Original petition, pp. 59–63, paragraphs 190–206.
  6. ↑ 6.0 6.1 Original petition, pp. 63–65, paragraphs 207–209, especially 208(f) and 208(j).
  7. ↑ Original petition, p. 4, paragraph 1.
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