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Cases › produced harmful content › LR-2026-0252

Texas AG sues OpenAI and Altman over ChatGPT age verification, child access and reliability claims

Developing: a major or severe case captured in the last 72 hours. Later changes are logged on the corrections page.

Whose AI: OpenAIproduced harmful content

Severity major: A regulator was involved. A state attorney general has sued the provider, meeting the major rung's regulator-involved test.

Earliest source we hold 2026-10-26 · Captured by AI Risk Wire 2026-10-28 12:43 UTC

Texas Attorney General Ken Paxton sued OpenAI and CEO Sam Altman in Collin County court under the DTPA and SCOPE Act, alleging ChatGPT offers content unsuitable for children without age verification or parental consent.

Risk grouping: Not yet classified

No source we hold states: who caused it, intended or not, before or after release, the ai's part.

The story

1 · What it was doingChatGPT, OpenAI's consumer chatbot, served Texas users, including tens of thousands under 13, with no age verification on the free tier and only a nominal age prompt on the paid tier.
2 · What went wrongTexas alleges OpenAI offered a dangerous product providing content unsuitable for children without age verification or parental consent, and misrepresented reliability, violating the DTPA and SCOPE Act.
3 · What it reached or didThe petition says ChatGPT has tens of thousands of under-13 users in Texas and collects sensitive data on Texans' health, finances, relationships and children.
4 · What was doneNothing contained yet; Texas seeks an injunction requiring age verification, parental consent, court-approved third-party safety review before new model releases, and $10,000 per violation. OpenAI said it will work with Texas on AI policy.

What the sources state

No source states: how it was caught, when it happened, when it was found, how many records were exposed, the direct loss, a count of the other parties affected, the cause, what set it off.

Others like this

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Eight state attorneys general sue OpenAI over alleged harms to teenage ChatGPT users 2026-10-16

ChatGPT alleged to have assisted Florida State University shooter (contested lawsuit) 2026-10-01

Guardian test: ChatGPT and Grok remove hijab from AI-generated image of Muslim woman 2026-10-01

All cases of this kind ›

Show every field, with its source and grade

The AI system

Developer
OpenAI
C one secondary source states it
Software around the model
ChatGPT
C one secondary source states it
Stage of use
in live use
D inferred by us from the described behaviour, reason shown
Whose system
company that built the AI
D inferred by us from the described behaviour, reason shown
What it was for
ChatGPT is a general chatbot used for all sorts of conversations, including private and confidential ones.
C one secondary source states it
State of its safeguards
The free version of ChatGPT has no gatekeeping or age verification mechanism whatsoever; the paid tier nominally asks users to provide their age but there is no mechanism to verify the age of its users.
C one secondary source states it

What happened

Earliest source we hold
2026-10-26
A the date the source itself carries
What went wrong
produced harmful content
D inferred by us from the described behaviour, reason shown
AI agent
no AI agent acted
D inferred by us from the described behaviour, reason shown

Impact

Severity
major
D inferred by us from the described behaviour, reason shown
Kind of harm
operations
D inferred by us from the described behaviour, reason shown
Who was affected
Texas minors using ChatGPT and Texans' sensitive data
D inferred by us from the described behaviour, reason shown
Why this severity
A regulator was involved. A state attorney general has sued the provider, meeting the major rung's regulator-involved test.
D inferred by us from the described behaviour, reason shown

Context

Industry
Information
D inferred by us from the described behaviour, reason shown
Country
United States
D inferred by us from the described behaviour, reason shown
Rules that apply
Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), SCOPE Act
C one secondary source states it
Legal action
a case filed
C one secondary source states it

LR-2026-0252 · version 3 · published 2026-10-28 after automatic checks; not yet checked field by field by a person · changes to this case · JSON