Texas sues OpenAI and Sam Altman as it seeks $30 billion at a $1.25 trillion pre-money valuation

Ken Paxton's October 23 suit is the tenth state case against OpenAI this year, filed as investors negotiate a $1.25 trillion price for a company that has already confidentially filed to go public. With no federal AI law, state attorneys general are writing OpenAI's enforcement record themselves.

Vincent JiangVincent Jiang · 3 min read
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Sam Altman, OpenAI's chief executive, seated at an event
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Sam Altman, OpenAI's chief executive, named personally in Texas's October 23 suit, the second state case this year to do so after Florida. Photographed in November 2022.

Texas makes it ten

Texas Attorney General Ken Paxton sued OpenAI$1.18T — OpenAI, private, latest valuation $1.18T and chief executive Sam Altman on October 23, 2026, alleging ChatGPT was marketed as "trustworthy, reliable, and safe" while it produced fake results, known as hallucinations, and endangered minors 12. The filing lands in the closing window of a round that would value the company at $1.25 trillion 3.

The 67-page complaint, filed in Collin County District Court, rests on the Texas Deceptive Trade Practices Act and the SCOPE Act, the state's children's online safety law, and asks the court to block new ChatGPT releases in Texas until a court-appointed independent evaluator approves them 12. Texas is the tenth state to sue OpenAI this year, and the second, after Florida, to name Altman personally 145.

The suits came in waves

Florida Attorney General James Uthmeier opened the sequence on June 1 with an 83-page complaint seeking civil penalties that could reach into the billions; on September 28 his office moved to bar OpenAI from developing new models without third-party oversight 5. Eight states filed individually on October 14: Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho and Montana 4.

No federal AI law exists, so each state is enforcing its own consumer-protection statute; federal lawmakers have so far failed to keep AI companies in check, Kansas Attorney General Kris Kobach said 6. "We are not going to hold our breath" waiting for Congress, he added 6.

The price was set in the same weeks

The filings landed inside that window. OpenAI told investors on October 22 it wants signatures by the end of next week on a round of up to $30 billion at a $1.25 trillion pre-money valuation, the price before the new cash arrives, led by United Arab Emirates investors and the investment firm Coatue 3.

That price is down from the $1.4 trillion discussed in September, a cut investors trace to doubts about AI spending rather than to the lawsuits; the last closed round, in March, raised $122 billion at an $852 billion valuation 7.

OpenAI's price fell $150 billion between September talks and the October target

  • Valuation
  • Estimate
$0B$500B$1,000B$1,500BMar 2026 (closed)Sep 2026 (talks)Oct 2026 (target)$852BTen state suits now pending
Data
Valuation
Mar 2026 (closed)$852B
Sep 2026 (talks) (estimate)$1,400B
Oct 2026 (target) (estimate)$1,250B
OpenAI valuations in billions of dollars: the closed March 2026 round, the figure discussed with investors in September, and the pre-money target for the round now closing. Sources: CNBC; Proactive via Yahoo Finance.3,7

What the buyers inherit

Whoever signs inherits a company defending ten state suits plus a reported 42-state coalition investigation 5. The IPO prospectus went confidentially to the Securities and Exchange Commission in June, and finance chief Sarah Friar has told employees OpenAI "will be a public company in 2027" 3.

Ten attorneys general have now written the first draft of its risk factors. OpenAI answers that no system is perfect, points to age-specific protections including a restricted ChatGPT for Teens launched in August, and wants industry-wide rules rather than one-company suits 14; a California jury also found OpenAI not liable in Musk's mid-2026 case against Altman 2.

Paxton is in a tight Senate race against Democrat James Talarico 1, and campaign finance filings show Elon Musk, Altman's chief rival, spent nearly $200 million on ads supporting Paxton 2.

Watch the signatures

Two readings will price the risk: the round's final size, with commitments expected by the end of October 7, and Anthropic's expected IPO, where a rival carrying the same questions seeks $1.5 trillion to $2 trillion after raising $65 billion at a $965 billion valuation in May 3. The Inference last tracked this race on October 20, reporting that Anthropic$350B — Anthropic, private, latest valuation $350B had told investors it turned its first profit 73.

OpenAI and Anthropic are each seeking a big step up from their last closed round

  • Valuation
  • Estimate
$0B$500B$1,000B$1,500B$2,000BOpenAI, Mar 2026 (closed)OpenAI, Oct 2026 (target)Anthropic, May 2026 (closed)Anthropic IPO (target)$1,500–2,000B$965B$852B
Data
Valuation
OpenAI, Mar 2026 (closed)$852B
OpenAI, Oct 2026 (target) (estimate)$1,250B
Anthropic, May 2026 (closed)$965B
Anthropic IPO (target) (estimate)$1,750B ($1,500–2,000B)
Valuations in billions of dollars. Closed rounds are reported figures; the October OpenAI target is pre-money and Anthropic's IPO target is shown with its reported range. Sources: CNBC; Proactive via Yahoo Finance.3,7

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