Florida Attorney General Sues OpenAI and Sam Altman: Case Removed to Federal Court Before Judge Cannon as Florida Seeks Remand
The landmark state-level civil enforcement action filed on June 1, 2026, by Florida Attorney General James Uthmeier against OpenAI Global, LLC, the OpenAI Foundation, and CEO Sam Altman has undergone significant procedural shifts.
On July 2, 2026, OpenAI filed a notice of removal, successfully transferring the case from the Tenth Judicial Circuit in Highlands County to the U.S. District Court for the Southern District of Florida. By random draw, the case was assigned to U.S. District Judge Aileen Cannon in the Fort Pierce Division.
In response, on July 10, 2026, the Florida Attorney General filed a Motion to Remand, aggressively fighting to return the litigation to state court.
The Jurisdictional Battle: FDUTPA vs. COPPA Preemption
The jurisdictional tug-of-war highlights a critical strategic division in state-level AI litigation:
- OpenAI's Removal Argument: OpenAI argues that the lawsuit belongs in federal court because the complaint relies extensively on allegations that OpenAI violated the federal Children’s Online Privacy Protection Act (COPPA) by maintaining a dangerous product unsuitable for children without adequate age verification.
- Florida's Remand Argument: Attorney General Uthmeier argues that the lawsuit is based strictly on state law under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The state contends that its complaint does not bring an independent claim under COPPA, but rather cites COPPA violations as a predicate or evidence of "unfair business practices" under Florida's consumer protection statute. Florida is seeking to return the case to Highland County state court, arguing that removal was improper.
Substantive Allegations and Next Steps
The lawsuit accuses OpenAI of putting corporate growth and profits over safety by failing to warn consumers of ChatGPT's dangers. The state seeks money damages on behalf of Florida residents and court-ordered reforms, including mandatory parental consent for data collected from minors.
Judge Cannon has not yet ruled on the state's Motion to Remand. If the case remains in federal court, OpenAI is scheduled to file its formal response or motion to dismiss Florida's claims by August 24, 2026.