West Virginia’s attorney general, John McCuskey, primarily alleges that OpenAI has misled consumers and created a public nuisance that endangers children.
As a remedy, the state wants age checks, parental controls, default session and nighttime limits for children, mandatory crisis-escalation protocols, and an independent monitor. It also asks that OpenAI fund a court-supervised plan supporting “youth crisis-response capacity and digital-safety education in public schools.”
Additionally, West Virginia seeks $5,000 per repeated consumer protection violation, along with the deletion and cessation of use of personal data it alleges was unlawfully collected from West Virginia minors.


