Proposed class action accuses OpenAI of using minors' ChatGPT data to train models

What happened

A proposed nationwide class action filed October 13, 2026 in the U.S. District Court for the Northern District of California (Jane Doe et al v. OpenAI Foundation et al, No. 3:26-cv-11781) accuses OpenAI of collecting children's personal information shared through ChatGPT and using it to train AI models without legally valid parental consent.

Key details

• Brought by a Hawaii mother on behalf of her two minor children, seeking to represent a class of minors who used ChatGPT.
• The complaint challenges whether children can give legally valid consent for their data to be used, citing California law limiting minors' contractual authority (Cal. Civil Code 1568.5; Cal. Family Code 6701).
• Plaintiffs seek a declaration that OpenAI's Terms of Use are void as to minors and unjust-enrichment remedies, reportedly including an equity or cash award tied to the value of children's data.
• Lead plaintiffs' counsel says it is the first lawsuit against an AI company involving "children's property."
• OpenAI says ChatGPT is not intended for children under 13, that users 13-17 need parental permission, and that parental controls let parents switch off the use of teen conversations for model improvement.

Status

Allegations only; the class has not been certified and the case is at its outset. These are claims in a complaint, not judicial findings.