Lawsuit Alleges OpenAI Collected Children's Data Without Parental Consent

A lawsuit filed on 13 October 2026 in the US District Court for the Northern District of California alleges that OpenAI's ChatGPT unlawfully collected sensitive data from millions of child users who signed up without parental consent. The complaint claims the chatbot was designed to manipulate children into trusting it and divulging highly personal information and sensitive health data.

According to the complaint, OpenAI then used that information to train large language models, build detailed profiles of children, and enrich itself. The suit seeks certification of a nationwide class action covering users who were minors when they used ChatGPT. It also makes an unusual request that affected children receive a proportionate amount of OpenAI equity or an equivalent in cash. The company's valuation is cited as up to 1.4 trillion dollars.

The complaint notes that OpenAI's terms of service prohibit users under 13 and require those under 18 to obtain parental consent, but that account creation only requires a user to input an age above 13 to proceed. The complaint further alleges that teen-specific accounts, introduced this summer, lack sufficient safeguards and default to retaining and training on the data users input.

OpenAI rejected the claims, saying it strongly disagrees with the lawsuit and pointing to what it described as industry-leading age-specific protections. The company said teen accounts use age-appropriate safeguards and warned that the suit risks pushing teens toward products with fewer protections.

The case bears on how AI products collect and use the personal and health information of young users, and on whether age checks and parental controls function as intended. The Foundation follows such litigation for what it reveals about the psychological effects of these systems on children.

Original reporting by Bloomberg Law.