lawsuit or formal complaint is brought

The FTC is reportedly investigating OpenAI
The FTC is reportedly in at least the exploratory phase of investigation over whether OpenAI’s flagship ChatGPT conversational AI made “false, misleading, disparaging or harmful” statements about people.

TechCrunch Reporter Devin Coldewey reports:

This kind of investigation doesn’t just appear out of thin air — the FTC doesn’t look around and say “That looks suspicious.” Generally a lawsuit or formal complaint is brought to their attention and the practices described by it imply that regulations are being ignored.