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Florida's Public-Nuisance Lawsuit Against OpenAI Returns to State Court

September 28, 2026 at 14:46 EDT

Policy & Regulation
Foundation Models
Security

Florida's attorney general is pressing a first-in-the-nation state lawsuit that asks a court to treat the marketing, sale and distribution of ChatGPT in Florida as a public nuisance, moving AI-safety disputes into state consumer-protection litigation. The case targets five OpenAI entities and CEO Sam Altman personally, but its allegations remain unproven.

Sept. 8, 2026 · Florida AI litigation

ChatGPT faces a public-nuisance test

Florida's lawsuit against OpenAI and Sam Altman is back in state court after a federal judge rejected federal jurisdiction, leaving the public-nuisance theory for the next phase.

pages in the complaint

legal counts pleaded

$10k

maximum civil penalty per willful FDUTPA violation

5+1

OpenAI entities plus Sam Altman

One count carries the public-nuisance theory

public-nuisance count

total counts

The suit is broader than one theory, but the nuisance claim is the legal move that could reshape chatbot safety obligations.

How the case moved

June 1

State complaint filed

→

July 2

Removed to federal court

→

Sept. 8

Sent back to state court

Why supporters care

The case puts child safety, warnings, data collection and crisis-related chatbot behavior before a court.

Why critics worry

A broad public-nuisance theory could push restrictions on general-purpose AI before courts settle causation and product-liability questions.

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