A single subpoena from New York's attorney general has widened into coordinated, multi-state scrutiny that could complicate OpenAI's route to a public listing. The Wall Street Journal reported the notice, disclosed publicly this weekend, seeks internal documents on advertising, user engagement and retention, how the company collects and handles consumer and health data, model behaviour, and safeguards for minors and older users. OpenAI said it will cooperate and pointed to recent product protections for vulnerable users, including age-prediction tools, parental controls and a policy that bars advertising targeted at children. Reporting also said the inquiry arrives as the company has filed confidentially with the US Securities and Exchange Commission ahead of a possible IPO as early as September 2026.

One subpoena, issued on Friday, asks OpenAI for documents across a broad set of topics: advertising strategies; metrics and analyses about user engagement and retention; internal discussion of what reporters described as "sycophancy" where models reinforce users' beliefs rather than challenge them; the collection, inference and handling of consumer and health data; and records related to minors, elderly users and internal policies that govern model development and deployment.

The Wall Street Journal first reported the subpoena and said the notice was disclosed publicly over the weekend. Follow-up coverage described the request as part of a coordinated inquiry by a coalition of state attorneys general, though the full list of participating states hasn't been made public and the attorneys general offices leading the probe haven't released a deadline or publicly listed the specific records sought so far.

OpenAI says it will cooperate

An OpenAI spokesperson confirmed the company received the inquiry and framed the response around existing product controls. "AI is a new and powerful technology, and we work every day to safely bring its benefits to people in a responsible way," the spokesperson said. They added that "Today’s ChatGPT includes a more protective experience for minors and people experiencing difficult situations, with safeguards that direct them to real-world resources and trusted human contacts."

The company also told reporters it has product features designed for vulnerable users, citing age-prediction tools, parental controls and a policy of disallowing advertising targeted at children. In a separate line, OpenAI said it "takes the concerns raised by state attorneys general seriously and intend[s] to engage constructively with their offices." The company didn't disclose which documents it has produced or any timelines for compliance in its public comments.

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Part of mounting legal pressure

The subpoena lands amid rising legal pressure from multiple jurisdictions. Earlier this month Florida's attorney general sued OpenAI and CEO Sam Altman, alleging the company misrepresented the safety of ChatGPT and that the platform harmed children by providing dangerous information and failing to prevent harmful interactions. A separate lawsuit brought by a Canadian parent accused the company and Altman of encouraging self-harm by one user.

OpenAI recently faced a high-profile civil trial brought by its co-founder, which the company prevailed in. Chief executive Sam Altman also apologised publicly after OpenAI failed to alert law enforcement in a separate case where a banned ChatGPT account was later linked to a mass shooting in Canada. Those episodes add to the context state regulators cited when seeking documents, reporters said.

The scope of the subpoena suggests the attorneys general aren't limiting their review to privacy or consumer-protection questions. Reporting noted the request reaches into model behaviour and development practices, signalling regulators want records that show how incentives, training data and moderation policies shape real-world user interactions. That line of inquiry aligns with growing state-level interest in whether generative AI products can steer or amplify harmful behaviour, particularly among children, older people and others considered vulnerable to risky content.

Reporting also linked the enforcement interest to OpenAI's corporate timetable. Sources cited in reporting said the company has submitted confidential paperwork to the US Securities and Exchange Commission and that a public offering could occur as early as September 2026.

OpenAI hasn't given a public timeline for an IPO or explained in detail how the regulatory inquiry might affect plans for a public listing.

None of the reports indicate the subpoena accuses OpenAI of criminal conduct. The company has characterised the inquiry as an opportunity to cooperate, and the attorneys general's offices leading the investigation haven't publicly listed the full set of states involved, the documents produced, or any compliance deadlines. For now the next significant dated milestone referenced in reporting is the potential public offering window next year.

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The next firm date on the calendar is the possible public offering, with reporting saying OpenAI's confidential SEC filing could precede a public IPO as early as September 2026. Reporting first appeared in The Wall Street Journal.

This article was created with AI assistance.