OpenAI Faces Lawsuit Over Alleged Use of Children’s Data to Train AI

OpenAI is facing a proposed class-action lawsuit alleging that ChatGPT collected children's sensitive personal information without valid parental consent and used it for training its AI models.

The lawsuit was brought by a mother on behalf of her two children and other minors who used ChatGPT, in federal court in California on October 13. The complaint states that the OpenAI chatbot encouraged children to share personal details and then used them for commercial purposes, including information about their health, emotions, and relationships.

The complaint also challenges the platform's age-restriction practices. OpenAI’s terms prohibit children under 13 from using ChatGPT and require parental consent for users under 18. The plaintiffs have said that these safeguards were not sufficient to prevent underage users from signing up and sharing their personal information.

The plaintiffs are seeking class-action status, a court declaration that OpenAI’s terms of service are invalid for minors, and compensation tied to the value the company allegedly derived from children’s data. One unusual request asks that eligible minors receive a proportional share of OpenAI equity or its equivalent in cash.

OpenAI disputes the allegations, calling the lawsuit misguided and pointing to the age-specific protections built into its products. The company also says users can control whether their conversations are used to train its models.

The case, Doe v. OpenAI Foundation, is at an early stage. The allegations have not been established in court, and the proposed class has not yet been certified.