ChatGPT Lawsuit: OpenAI Accused of Using Kids’ Data

A proposed federal class action filed October 13, 2026 alleges that OpenAI collected and used data from underage ChatGPT users without obtaining valid parental consent. Jane Doe, suing on behalf of her 12- and 16-year-old children, seeks to represent U.S. users who signed up for ChatGPT while under 18 from November 2022 onward. The defendants are OpenAI Foundation, OpenAI OpCo, OpenAI Holdings and OpenAI Group PBC. Doe v. OpenAI Foundation, No. 3:26-cv-11781, alleges that ChatGPT’s sign-up process lets users aged 13 or older create accounts by entering a name and age and clicking “Continue,” without contacting a parent. The complaint says OpenAI’s terms, privacy policy and Help Center materials require parental permission for users under 18. It alleges that conversation-training and memory settings are enabled by default for minors, allowing OpenAI to train models on their information and develop user profiles. The suit relies on California laws governing minors’ ability to contract, arguing that ChatGPT’s Terms of Use are void rather than merely voidable and that minors are not bound by its arbitration clause. It seeks declarations, restitution, disgorgement and a proportional share of OpenAI equity or its cash value based on each user’s contributed data tokens. The allegations are unproven; no class has been certified, no judge had been assigned, and OpenAI had not responded in court as of the filing date.