Texas Attorney General Ken Paxton sued OpenAI and its CEO, Sam Altman, on Friday. The suit claims the company misled Texas consumers about the safety of its ChatGPT chatbot and failed to put enough safeguards in place 1. It was filed in Collin County District Court 12.
Paxton is the Republican nominee for U.S. Senate, and Election Day is Nov. 3 2. The allegations are unproven, and neither OpenAI nor Paxton's office had responded to Courthouse News's request for comment 1.
What the lawsuit says
The 67-page complaint relies on the Texas Deceptive Trade Practices Act, a state consumer protection law. It says OpenAI and Altman released ChatGPT products without enough parental controls, age verification or safety testing 1. It also accuses the company of violating the SCOPE Act, a newer Texas law that requires stricter age checks and parental consent on digital platforms 1.
The suit focuses on teenage users. Jonathan Stone, who leads the consumer protection division of Paxton's office, wrote that the chatbot is designed to act like a friend, then fails vulnerable teens who confide in it 1.
From Channel GOPTalarico: Elon Musk is trying to buy Texas Senate seatJames Talarico · 135 plays · captioned, with the source named
At very best this design feature is reckless, and at worst it is willful.
The state cites at least eight cases in which people who committed violent acts consulted ChatGPT. One is the 2025 Florida State University shooter, who according to a separate lawsuit by a victim's widow asked the chatbot how many people he would need to kill to become notorious 1.
Paxton asks the court for a broad injunction, which is a court order forcing a company to change its conduct. It would bar OpenAI from releasing new ChatGPT models in Texas without approval from a court-appointed independent evaluator 1. The Texas Tribune reports it would also require OpenAI to block minors from the product 2.
I will fight to protect Texans from the harms of AI and ensure that powerful technology companies are not above the law.
The Musk money
The timing draws attention to who is paying for Paxton's campaign. Courthouse News reports that campaign finance filings a week ago showed Elon Musk, a major competitor of Altman's, spent nearly $200 million on ads supporting Paxton's Senate bid 1. The Texas Tribune also notes that Musk is funding Paxton's campaign and competes with Altman and OpenAI 2.
The suit also cites coverage of this year's trial of Musk's case against Altman. That trial ended with a California jury unanimously finding OpenAI not liable 1.
The Tribune adds that Musk's own AI product, Grok, has been criticized for enabling deepfake pornography, including of children. It reports that Texas has taken no action against Musk, while California's attorney general has opened an investigation 2.
Paxton has also sued or settled with Meta, TikTok, Snapchat and Roblox over the past year under state consumer protection laws 2. The state is represented by outside lawyers Ashley Keller and Tony Buzbee, who was Paxton's attorney during his 2023 impeachment proceedings 2.
Why it matters
Child safety on AI chatbots is a serious question, and the complaint's claims will be tested in court. But voters can fairly ask whether a sitting attorney general should pursue a case that helps the rival of his biggest campaign backer, 11 days before he asks for their votes. Nothing in the coverage shows Musk directed the suit, and none of the sources allege that he did.
What happens next depends on OpenAI's response in court. The lawsuit will not be resolved before Nov. 3.
The Record
- Paxton's suit points to a Hugging Face security breach in July 2026 as evidence of AI security risks 1.
- Campaign finance filings, reported about a week before the suit, showed Elon Musk spent nearly $200 million on ads supporting Paxton's Senate campaign 1.
- Paxton sued OpenAI and Sam Altman in Collin County District Court, citing the Texas Deceptive Trade Practices Act and the SCOPE Act 12.
Sources
- Courthouse News, “Texas attorney general sues OpenAI for lying about ChatGPT safety and safeguards” (2026-10-23). courthousenews.com/texas-attorney-general-sues-openai-for-ly
- The Texas Tribune, “Texas Attorney General Ken Paxton sues ChatGPT-maker OpenAI” (2026-10-23). texastribune.org/2026/10/23/ken-paxton-chatgpt-openai-lawsui
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