OpenAI class action lawsuit overview:
- Who: The mother of two minor children filed a class action lawsuit against OpenAI Foundation, OpenAI OpCo, OpenAI Holdings and OpenAI Group.
- Why: The plaintiff claims OpenAI extracted data from millions of children to train its large language models and build detailed profiles of children.
- Where: The OpenAI class action lawsuit was filed in California federal court.
A new class action lawsuit accuses OpenAI of extracting highly sensitive and valuable data from millions of children to train its large language models and build detailed profiles of children.
A Jane Doe plaintiff claims OpenAI exploited her minor children through their use of its ChatGPT artificial intelligence chatbot. The plaintiff further argues OpenAI has profited from extracting data from children without their consent or the consent of their parents.
“Under the law, children cannot sign away their rights in this way. OpenAI knows this, so it says it requires parental consent for children to use ChatGPT. But it doesn’t actually do that,” the OpenAI class action lawsuit says.
The plaintiff wants to represent a nationwide class of all persons who clicked “Continue” on ChatGPT’s Terms of Use when they were under 18 years old and subsequently provided one or more tokens of data to OpenAI through ChatGPT from November 2022 through the present.
OpenAI faces allegations of psychological manipulation and exploiting children’s trust
The OpenAI class action lawsuit claims the chatbot’s data flywheel — a self-reinforcing cycle of user engagement and model improvement — relies on exploiting children’s personal information to create more personalized and engaging interactions.
Further, the plaintiff argues the chatbot is designed to manipulate children into sharing their most intimate thoughts, feelings and expressions by using anthropomorphic features, mirroring their communication style and offering sycophantic responses.
According to the class action lawsuit, OpenAI’s chatbot ultimately encourages children to trust it more than their friends, family or teachers and share more personal information with each interaction.
“Starkly, one in three teens using AI chatbots had found conversations with AI companions to be ‘as satisfying or more satisfying than those with real-life friends,’” the OpenAI class action lawsuit says.
The plaintiff claims OpenAI is guilty of unjust enrichment and seeks declaratory relief under California Family Code. She demands a jury trial and requests an award of punitive damages for herself and all class members.
In September, a separate class action lawsuit was filed against OpenAI, claiming the company failed to adequately disclose that third-party contractors may read, summarize and evaluate users’ ChatGPT conversations.
Has your minor child used OpenAI’s ChatGPT artificial intelligence chatbot? Let us know in the comments.
The plaintiff is represented by Mark A. Finkelstein and Amy E. Lesperance of Umberg/Zipser LLP; R. Paul Yetter, James E. Zucker, Shannon N. Smith, Julia C. Risley and Eva E. Robins of Yetter Coleman LLP; David M. Sheeren of Sheeren Law PLLC; and Andrew Liddell and Julie Liddell of Edtech Law Center PLLC.
The OpenAI class action lawsuit is Doe v. OpenAI Foundation, et al., Case No. 3:26-cv-11781, in the U.S. District Court for the Northern District of California, San Francisco Division.
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