Resource guide

Who Is JB McCuskey? West Virginia Attorney General

West Virginia's Attorney General holding OpenAI accountable under consumer protection laws

Last updated October 18, 2026 455-word guide Editor Ban the Bots

JB McCuskey is the Attorney General of the State of West Virginia.

At Ban the Bots, we track the people and organizations fighting AI: the activists, union leaders, lawmakers, plaintiffs, researchers and founders pushing back on how AI is built and used.

McCuskey brought legal action against OpenAI in Mason County Circuit Court and announced planned state litigation alongside attorneys general from Iowa, Kansas, and Nebraska.

Where JB McCuskey Is Now

JB McCuskey serves as the Attorney General of the State of West Virginia, bringing legal action against OpenAI under state consumer protection statutes.

Litigation Against OpenAI

McCuskey brought legal action against OpenAI in the Mason County Circuit Court (wvnews.com). McCuskey stated West Virginia's intention to hold OpenAI accountable utilizing the state's consumer protection laws (wvnews.com).

In a news release, McCuskey stated that ChatGPT lacks age verification and safeguards concerning suicides, school shootings, or self-harm (canadianlawyermag.com). To demonstrate that the platform acknowledged AI firms should be held accountable, McCuskey pointed to an AI-generated response by OpenAI (wvmetronews.com).

October 2026 News Conference

On October 14, 2026, McCuskey held a news conference at the Iowa State Capitol alongside attorneys general Brenna Bird, Kris Kobach, and Mike Hilgers to discuss state litigation against OpenAI (hppr.org). Bird was joined by attorneys general Kris Kobach of Kansas, Mike Hilgers of Nebraska, and JB McCuskey of West Virginia at the Iowa Capitol to announce their planned litigation against the generative artificial intelligence company (hppr.org).

Following the joint press conference, McCuskey delivered a video message from Iowa regarding legal action against OpenAI (wvnews.com).

Positions on AI Guardrails and Technology

McCuskey stated that the state lawsuits against OpenAI are not intended to hinder the advancement of artificial intelligence technology (hppr.org). At a Des Moines press conference, McCuskey described AI as an important technology the United States must embrace with guardrails (wvgazettemail.com). He expressed optimism about AI technology, stating it will help cure cancer, aid the military, and ensure top energy development processes (hppr.org).

Regarding other technology settlements, McCuskey characterized Meta's $17 billion settlement as a very smart business decision (cnbc.com).

Sources

More people pushing back on AI are mapped in our guide to who is fighting AI, and the unions, companies and governments drawing the line are tracked on Fighting Back.

Frequently asked questions

▸ Who is JB McCuskey?
JB McCuskey is the Attorney General of the State of West Virginia (wvnews.com).
▸ Where did JB McCuskey file legal action against OpenAI?
McCuskey brought legal action against OpenAI in the Mason County Circuit Court (wvnews.com).
▸ What legal basis did McCuskey state for holding OpenAI accountable?
McCuskey stated West Virginia's intention to hold OpenAI accountable utilizing the state's consumer protection laws (wvnews.com).
▸ What concerns did McCuskey express regarding ChatGPT?
McCuskey stated in a news release that ChatGPT lacks age verification and safeguards concerning suicides, school shootings, or self-harm (canadianlawyermag.com).
▸ What is JB McCuskey's stance on artificial intelligence technology?
McCuskey described AI as an important technology the United States must embrace with guardrails (wvgazettemail.com). He expressed optimism that AI will help cure cancer, aid the military, and ensure top energy development processes, and stated lawsuits against OpenAI are not intended to hinder the advancement of the technology (hppr.org).
▸ What did JB McCuskey state regarding Meta's settlement?
McCuskey characterized Meta's $17 billion settlement as a very smart business decision (cnbc.com).

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