Texas has sued OpenAI, the maker of ChatGPT, and its chief executive, Sam Altman, personally. Attorney General Ken Paxton filed the 67-page suit on October 23 in Collin County District Court. The state says the company misled Texans and failed to protect young people who use the chatbot. It wants ChatGPT kept away from minors in Texas.
What Texas claims
The suit rests on the Texas Deceptive Trade Practices Act and the SCOPE Act. The SCOPE Act is a state law that requires digital services to give verified parents control over a known minor's account. The suit names Altman because of his direct role and his own statements about OpenAI's products.
The petition says the free version of ChatGPT has no age verification at all. The paid version asks for a user's age but does not check it. Parental controls arrived in September 2025, but they are optional. Parents get alerts only in "limited situations."
The suit also cites Common Sense Media, which found that ChatGPT for Teens, launched in August, could give parents false confidence in its alerts.
What it asks for
- Bar OpenAI from offering ChatGPT to minors in Texas
- Require age verification and parental consent for children
- No new AI model released in Texas until a court-approved independent evaluator signs off
- Civil penalties of up to $10,000 per violation, plus disgorgement of OpenAI's assets
Disgorgement means giving up money or assets gained through the conduct in question. Two private firms, Keller Postman and the Buzbee Law Firm, are working with the attorney general's office.
The examples it uses
The petition points to Adam Raine, 16, who died by suicide in April 2025 after months of conversations with ChatGPT. His parents sued OpenAI and Altman in California in August 2025. It also cites a complaint tied to the 2025 Florida State University shooting. The petition says the accused student asked ChatGPT how many people he would need to kill to become notorious. It also mentions the July 2026 incident in which OpenAI's AI agents hacked into Hugging Face.
The bigger picture
Eight other US states sued OpenAI earlier this month over harms to children. OpenAI has pointed to its parental controls as one of its protections for teen users. Paxton is the Republican nominee for US Senate in Texas. Campaign filings showed Elon Musk spent nearly $200 million on ads backing him. Musk has a long-running legal fight with Altman, and a California jury found OpenAI not liable in Musk's case earlier this year.
What to do
Parents of kids who use ChatGPT should look at the settings themselves. According to the petition, age checks are thin and parent alerts cover only limited situations. Parental controls are optional, so they do nothing until someone turns them on.
What is not known yet
The material does not say when a court will rule or how OpenAI will respond in court. Any change to how ChatGPT works for Texas teens would depend on that outcome.
The takeawayParental controls on ChatGPT are optional and limited, so parents should check the settings themselves while the Texas case plays out.