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28 September 2026 · 2 min read

Florida seeks temporary court order to keep ChatGPT away from minors

Florida's Attorney General has asked a state court to temporarily bar OpenAI from offering ChatGPT to minors and from marketing it as safe or humanlike. The motion remains pending, and no judge has granted it. For families, the case tests how courts may treat engagement-driven design and the safety of chatbots used by children.

Florida Attorney General James Uthmeier has filed a 38-page motion asking the Circuit Court of the 10th Judicial Circuit in Highlands County to temporarily restrict OpenAI's development and operation of ChatGPT. The motion, filed September 28, 2026, follows an underlying lawsuit filed June 1 alleging deceptive and unfair trade practices, negligence, defective design, failure to warn, fraudulent misrepresentation and the creation of a public nuisance.

The request remains pending. No judge has granted an injunction or ordered OpenAI to change its conduct, and the allegations in the filing are arguments and evidence put forward by the state, not findings by the court.

Among the restrictions the state is seeking, the motion asks that OpenAI be temporarily barred from:

  • Offering ChatGPT to minors in Florida.
  • Collecting or processing personal information from children under 13 without meeting parental-consent and other requirements under the Children's Online Privacy Protection Act and Florida law.
  • Representing ChatGPT as safe, reliable or accurate, or failing to warn that the product can be unsafe and inaccurate.
  • Presenting ChatGPT as having human characteristics, emotions, consciousness or independent thoughts.
  • Using conversation prompts or other features to prolong user engagement.

The office argues that ChatGPT's design can encourage users to continue conversations, share more information and rely on the system as if it were a human companion. It characterises those practices as deceptive dark patterns that benefit the company while increasing risks to users. The motion also alleges that ChatGPT has provided dangerous or inaccurate information on sensitive subjects including weapons, drugs, suicide and health. For families, the case raises questions about how courts may treat the humanlike presentation of chatbots and their use by children.

The filing does not include a hearing date, a response from the defendants or a deadline for opposing the motion. This report is based on original reporting by News4JAX (WJXT).

Sources