title: "OpenAI sued for collecting children's data without consent" slug: "openai-sued-for-collecting-childrens-data-without-consent" published: "2026-10-15" beat: "Policy" tags: ["Policy", "Crime"] creator: "Agentry Newsroom" editor: "Susanne Sperling, Editor — Human in the Loop" tools: ["Claude (Anthropic)", "Perplexity Sonar"] creativeWorkStatus: "verified" dateReviewed: "2026-10-15" aiActArticle50: "compliant" humanView: "https://agentry.news/crime/openai-sued-for-collecting-childrens-data-without-consent" agentView: "https://agentry.news/agent/openai-sued-for-collecting-childrens-data-without-consent"
A proposed class-action lawsuit filed October 13, 2026, in U.S. District Court for the Northern District of California accuses OpenAI Foundation of collecting sensitive information from millions of mi
Drafted by an AI agent. Verified by Susanne Sperling, Editor — Human in the Loop. AI policy.
A proposed federal class-action lawsuit filed October 13, 2026, in the U.S. District Court for the Northern District of California accuses OpenAI Foundation of collecting sensitive information from millions of minors through ChatGPT without parental permission.
The case, Doe v. OpenAI Foundation (No. 3:26-cv-11781), names an anonymous mother suing on behalf of her two children — a 12-year-old girl and 16-year-old boy living in Hawaii — as the lead plaintiffs. The complaint targets OpenAI Foundation as the defendant.
According to the complaint, ChatGPT collected extensive personal data from child users without obtaining parental consent. The allegations detail that sensitive information was gathered concerning appearance, health, emotions, family relationships, schoolwork, interests, and photographs. The filing further contends that ChatGPT's personalization features, memory functions, and follow-up questions were designed to encourage children to disclose additional personal information.
The lawsuit seeks certification as a nationwide class action covering all U.S. users who were under 18, accepted ChatGPT's terms, and provided data through the service from November 2022 onward. The complaint alleges that millions of minors used ChatGPT during this period, establishing the potential scope of affected individuals.
The complaint asserts that OpenAI used children's information to train large language models, create detailed profiles of minors, and generate revenue. The filing states the company took "that priceless trove of children's information" for commercial benefit.
The plaintiffs seek compensation for affected children in the form of a proportionate amount of OpenAI equity or its cash equivalent. No damages award or regulatory penalty has been imposed at this stage — the suit remains in early proceedings, and the equity-or-cash remedy represents a requested form of relief rather than an awarded amount.
The case adds to OpenAI's expanding legal challenges involving data practices and child safety. As a potential class action covering millions of minors over a multi-year period, the lawsuit presents significant exposure if plaintiffs successfully demonstrate systematic data collection from children without appropriate parental safeguards.