Florida sues OpenAI and Sam Altman over public nuisance claims

Florida has launched a legal challenge against OpenAI and its CEO, Sam Altman, seeking to have the distribution of ChatGPT classified as a “public nuisance.” The state argues that the company’s AI products pose widespread risks to public health, safety, and well-being by prioritizing rapid expansion over adequate safety measures.

A central component of the lawsuit involves allegations that OpenAI violated the Children's Online Privacy Protection Act (COPPA). The state claims the company collected data from children under the age of 13 without parental notification or consent and failed to implement sufficient age-verification mechanisms.

A jurisdictional dispute is currently unfolding. OpenAI has moved the case to federal court, arguing that because the claims involve COPPA—a federal law—the federal judiciary holds authority. Florida has countered this by requesting the case be returned to state court, describing the move to federal court as “unreasonable.” The case currently awaits a decision from U.S. District Judge Aileen Cannon regarding which court has jurisdiction.