Texas sues OpenAI and Sam Altman over ChatGPT and children: what the lawsuit asks for
Texas Attorney General Ken Paxton has sued OpenAI and Sam Altman, seeking to block children from ChatGPT in Texas and require court approval of new AI models. Here's what the case claims and what happens next.
The US state of Texas has sued OpenAI and its CEO Sam Altman, claiming the company misled people about how safe ChatGPT is, especially for children and teenagers.
Texas Attorney General Ken Paxton filed the lawsuit on October 23, 2026, in Collin County District Court. It’s one of the most far-reaching legal challenges an AI company has faced so far.
What does Texas claim?
The 67-page lawsuit makes several claims, including that:
- The free version of ChatGPT has no age verification, and the paid version asks for age but doesn’t verify it.
- OpenAI’s parental controls (added in September 2025) are optional and alert parents only in limited situations.
- ChatGPT is designed to keep people using it, and fails to protect vulnerable teens.
- OpenAI collected data from minors.
The lawsuit also points to serious real-world cases, including lawsuits by families who say ChatGPT conversations played a role in harm to their loved ones. These claims have not been proven in court.
Texas is using the state’s Deceptive Trade Practices Act and the SCOPE Act, a law requiring online services to give verified parents control over a known minor’s account.
What does Texas want?
- Block minors from using ChatGPT in Texas
- Age verification and parental consent for children
- No new AI model released in Texas until a court-approved independent evaluator reviews and approves it
- Civil penalties of up to $10,000 per violation
The demand that a court-appointed evaluator approve new AI models is unusual. If granted, it could affect how AI products launch far beyond Texas.
What does OpenAI say?
An OpenAI spokesperson said the company has worked with experts to reduce risks and add safeguards. The company also said governments should set AI safety standards, and that it’s willing to work with Texas and other states on rules that apply to the whole industry.
Other states are suing too
Texas isn’t alone. On October 14, eight states (Arizona, Arkansas, Idaho, Iowa, Kansas, Montana, Nebraska and West Virginia) filed their own lawsuits against OpenAI over child safety claims. Florida’s attorney general has also taken legal action.
The political background
Reports note some context: Paxton is the Republican nominee for the US Senate in Texas, and Elon Musk, who has a long-running legal fight with Altman, has been a major supporter of his campaign, according to The Texas Tribune. This doesn’t change the legal claims, but it’s part of why the case is getting so much attention.
What happens next?
The case will now go through the Texas courts, which can take months or years. OpenAI is likely to fight the strongest demands, such as the model-approval requirement. Meanwhile, pressure is growing across the US for age checks and stronger child-safety rules for AI chatbots.
Tips for parents
- Turn on parental controls in ChatGPT and other AI apps your children use.
- Talk with children about what AI chatbots are, and that they can make mistakes.
- Encourage them to come to a trusted adult if a chatbot says something upsetting.
If you or someone you know is struggling, please reach out to a local crisis line or a trusted person for support.
Frequently asked questions
Why is Texas suing OpenAI?
Texas claims OpenAI misled people about ChatGPT’s safety and didn’t do enough to protect children, including weak age checks.
Will ChatGPT be banned in Texas?
Not now. Texas is asking the court to block minors from ChatGPT. A court would have to agree first.
Is Sam Altman personally named?
Yes. The lawsuit names both OpenAI and Altman, citing his role and public statements.
How many states are suing OpenAI?
Texas plus at least eight other states that sued earlier in October 2026, and Florida has also taken action.
