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States Test New Limits on ChatGPT as Florida Presses OpenAI in Court and Legislation

September 28, 2026 at 15:18 EDT

Policy & Regulation
Security

U.S. states are moving from warnings about AI chatbots to direct attempts to regulate ChatGPT and companion-bot products, with Florida using both proposed legislation and a lawsuit against OpenAI and Sam Altman. The push could determine whether AI assistants are governed mainly by one federal framework or by state consumer-protection, child-safety and product-liability rules that vary across the country.

Sept. 28, 2026 - U.S. AI policy

States test the limits of chatbot regulation

Florida is pressing OpenAI through court claims and proposed chatbot rules while other states add mental-health, child-safety and disclosure requirements.

$10,000

Maximum Illinois penalty per violation

3 hours

California chatbot reminder interval

76%

Voters preferring one national AI policy

One rulebook versus a 50-state patchwork

Federal standard

Possible state regimes

Each orange block represents five possible state compliance lanes.

The state playbook

Consumer claims

Deception, warning and nuisance theories.

Minor protections

Consent, parental controls and chatbot notices.

Federal challenge

Preemption fights over one national standard.

Safety case

Backers say states can move faster on child safety, mental-health claims and consumer warnings while federal rules remain unsettled.

Patchwork concern

Critics warn that conflicting state rules could raise compliance costs, limit features or push services out of stricter markets.

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