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State of West Virginia v OpenAI Global LLC

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Case Information
Case name State of West Virginia ex rel. John B. McCuskey v. OpenAI Global, LLC et al.[1]
Court Circuit Court of Mason County, West Virginia[1]
Docket CC-26-2026-C-70[1]
Filed October 14, 2026[2]
Judge(s) Richard Tatterson[1]
Plaintiffs State of West Virginia, through its Attorney General[1]
Defendants OpenAI Global, LLC; OpenAI Foundation; OAI Corporation; OpenAI OpCo, LLC; OpenAI Group PBC; OpenAI Global Holdco, Inc.; OpenAI, LLC; OpenAI Holdings, LLC[1]
Case type Civil consumer protection proceeding[1]
Claims / issues West Virginia Consumer Credit and Protection Act[1]
Status October 14, 2026: state consumer-protection action filed. Later procedural developments have not been verified.[2]

State of West Virginia ex rel. John B. McCuskey v. OpenAI Global, LLC et al. is a state consumer-protection enforcement action concerning the marketing and safety of ChatGPT.[2]

Claims and procedural history

The state alleges that OpenAI misled consumers about ChatGPT’s safety and failed to disclose foreseeable risks, with particular concern for children and vulnerable users.[1]

The action is one of eight separate state suits announced in October 2026. It proceeds in West Virginia’s own court rather than as a single consolidated federal case.[1][2]

References

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 West Virginia complaint/petition, October 14, 2026
  2. ↑ 2.0 2.1 2.2 2.3 Iowa Attorney General announcement, October 14, 2026
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