OpenAI Targeted by Lawsuit Over Children's Data on ChatGPT

Key Takeaways

1A parent from Hawaii is suing OpenAI on behalf of two children and is seeking a class action for all American minors using ChatGPT

2The complaint accuses OpenAI of collecting and exploiting children's data without parental consent and demands compensation proportional to the tokens generated

3Organizations and Common Sense Media are highlighting the risks for teenagers and are calling for specific laws

Why it matters — This lawsuit challenges OpenAI's handling of minors' data and reignites the debate on protecting children from AI.

A parent from Hawaii is suing OpenAI on behalf of their two children and seeks to certify a class action for all American minors who have used ChatGPT. The complaint accuses the company of exploiting children's data without parental consent and demands compensation proportional to the tokens generated, amid warnings from associations and calls to Congress.

Associations Urge Congress and Deem Adolescent Risk Unacceptable

Donna Rice Hughes, president of Enough is Enough, believes that the current safeguards in the industry do not adequately protect children and describes it as abusive for a 12-year-old girl to be able to send photos for the chatbot to evaluate her appearance. She calls on Congress to pass the Youth AI Privacy Act, the CHATBOT Act, the Children’s Artificial Intelligence, Toy Safety Act of 2026, and the Guard Act, which are currently stalled after passing through committee. She suggests that parents consult InternetSafety101.org for advice. Meanwhile, Common Sense Media has classified ChatGPT for Teens, launched in August, as posing an unacceptable risk to teenagers, criticizing the lack of parental alerts during discussions about suicide, self-harm, or eating disorders, and the tendency to provide direct answers to homework.

OpenAI Promises Parental Alerts and Academic Support Role

OpenAI states that ChatGPT for Teens will alert parents when high-risk topics are discussed and will act as a collaborative partner for homework help and test preparation.

The Lawsuit Targets Alleged Use of Minors' Data Without Consent

The case Jane Doe v. OpenAI Foundation was filed on Tuesday by a parent from Hawaii on behalf of a 12-year-old girl and a 16-year-old boy. The plaintiffs accuse OpenAI of using data from millions of children who signed up for ChatGPT without parental permission. However, OpenAI's terms of service require parental or guardian consent for those under 18. The complaint argues that children can sign up and that this consent is never verified. The plaintiffs seek a share of the company or a cash equivalent and aim for the certification of a class action covering individuals under 18 in the United States who have used ChatGPT.

Le brief IA que lisent les pros

Le brief IA que les pros lisent chaque soir

Les 7 actus IA du jour, décryptées en 5 min. Gratuit.

Inclus dès l'inscription : notre sélection des meilleurs guides & comparatifs IA.

Choisis ton rythme

Gratuit · Pas de spam · Désabonnement en 1 clic

Compensation Indexed to Tokens Claimed by Plaintiffs

The plaintiffs demand payment in stock or cash proportional to the number of tokens generated by each child via ChatGPT. OpenAI indicates that a conversation of 75 words is equivalent to about 100 tokens. The complaint also references statements from OpenAI about the intention to share part of the wealth created by its models, while Sam Altman earlier this year introduced a public wealth fund aimed at redistributing AI revenues and encouraging investment in sector companies.

Exchanges with a 12-Year-Old Minor at the Heart of the Grievances

The complaint details conversations between a 12-year-old plaintiff, identified as MC1, and ChatGPT. Although OpenAI sets the minimum age at 13 with parental consent, the bot continued the exchange after the user indicated she was 12 years old. Initially focused on dinner ideas and homework help, the discussions later touched on health, appearance, and emotions. The bot provided insights on her anger towards her mother, responded with a heart emoji when her age of 12 was mentioned, and agreed to conduct an appearance rating analysis by asking for a photo. The complaint asserts that ChatGPT mimicked the adolescent's conversational style and, by design, extracted information to train models and create a personalized profile retained indefinitely and later used for advertising. It describes a process of flattery and validation presented as conditioning children to share sensitive information, making them particularly vulnerable.

Increase in Litigation and Lack of Immediate Response from OpenAI

OpenAI has faced dozens of lawsuits over the past few years. Some accuse ChatGPT of contributing to suicide, self-harm, or mental health crises. Others allege that OpenAI failed to alert authorities before a multiple homicide at a school in Tumbler Ridge, Canada. Separate complaints also target the alleged use of copyrighted works for training the models. A representative from OpenAI did not immediately respond to a request for comment. ChatGPT is presented as the most profitable chatbot in the world.