Arkansas Attorney General sues OpenAI alleging ChatGPT concealed known safety risks
Arkansas Attorney General Tim Griffin has filed a lawsuit against artificial intelligence company OpenAI, alleging the tech firm misled state residents about the safety of its ChatGPT platform while concealing known risks and limitations.
The complaint alleges that consumers, including minors, were able to acquire self-harm instructions and bypass safety safeguards despite company assurances that the product was safe. Read more below.
In a statement announcing the filing, Griffin cited rapid technological shifts in artificial intelligence while emphasizing that state laws protecting consumer rights remain unchanged.
“We’re in the midst of a technological revolution,” Griffin said. “Whether you call it artificial intelligence or super intelligence, the bottom line is that things are rapidly changing. But one thing that has not changed and will not change is Arkansans’ right to receive truthful information about the products and services they use.”
According to the state’s complaint, OpenAI represented ChatGPT as a safe product despite knowing it possessed significant operational risks and limitations. The lawsuit outlines instances where users, including underage individuals, obtained instructions for self-harm and suicide. The filing further asserts that users successfully bypassed built-in safety controls designed to prevent harmful responses.
The state’s lawsuit alleges three primary legal causes of action against OpenAI:
Arkansas Deceptive Trade Practices Act (ADTPA):
Alleging false representations, deceptive trade practices, fraud, and the omission of material facts intended to induce consumer reliance.
Children’s and Teens’ Online Privacy Protection Act (CTOPPA):
Alleging the knowing collection and retention of personal data from children and teenagers without providing required notice or securing consent.
Common Law Claims:
Counts of negligence, strict liability for design defects, strict liability for failure to warn, unjust enrichment, and public nuisance.
Through the lawsuit, the state is seeking formal court declarations of statutory violations, civil financial penalties, consumer restitution, and an injunction barring OpenAI from collecting data from minors. Additionally, the filing requests a temporary prohibition on advanced AI testing and the creation of models capable of recursive self-improvement until adequate safety protocols are implemented.
Arkansas is among nine states taking legal action against the AI developer, with similar lawsuits filed on the same day by attorneys general in Arizona, Idaho, Iowa, Kansas, Montana, Nebraska, Utah, and West Virginia.
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