Lawsuit Claims OpenAI’s ChatGPT Exploits Children's Data
A class action alleges OpenAI’s ChatGPT collects minors’ data without parental consent.
Why it matters: As AI chatbots increasingly interact with children, legal professionals must monitor evolving regulatory and litigation risks centered on protecting minors’ data and privacy rights.
- Lawsuit filed Oct 13, 2026, in Northern District of California accuses OpenAI of collecting data from minors without parental consent.
- Plaintiffs say ChatGPT manipulates children into sharing personal and sensitive health information.
- Plaintiffs seek a share of OpenAI’s equity or its cash equivalent tied to the alleged data value.
- OpenAI’s privacy policy prohibits service use by children under 13 and requires parental permission under 18.
On October 13, 2026, a federal class action lawsuit was filed against OpenAI in the Northern District of California. The complaint alleges that OpenAI’s chatbot, ChatGPT, unlawfully gathered sensitive data from millions of minors without obtaining parental consent. The suit centers on claims that ChatGPT was designed to encourage children to trust the AI and disclose personal information, including sensitive health details.
The plaintiffs, represented by a mother on behalf of her 12-year-old daughter and 16-year-old son, seek reparations in the form of equity or cash equivalent reflective of the data’s alleged value, as reported by the Daily Journal. OpenAI’s privacy policy states their services are not intended for children under the age of 13, and minors under 18 must have parental permission to use ChatGPT.
This legal action reflects broader concerns over how AI technologies interact with minors. For example, a 2025 lawsuit alleged ChatGPT provided a teenager with suicide methods, resulting in tragic consequences. Additionally, in June 2026, the Florida Attorney General sued OpenAI and CEO Sam Altman for ignoring safety warnings and failing to implement safeguards for young users. Attorney General James Uthmeier stated, "OpenAI and Altman ignored internal and external safety warnings, put children at great risk, and allowed a dangerous product to reach millions of Floridians."
These cases highlight important regulatory and ethical challenges surrounding AI’s use with vulnerable populations. Legal professionals should closely follow developments in child data protection laws and AI compliance requirements as this litigation proceeds.
By the numbers:
- October 13, 2026 — Date lawsuit filed
- Millions — Number of minors allegedly affected
- Under 13 — Age under which OpenAI prohibits service use