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A 12-year-old girl told ChatGPT how old she was, then continued sharing personal photos and discussing her appearance, diet, and family problems. Now, her mother is suing OpenAI, alleging the company collected her two children's sensitive information and used it to train AI without valid parental consent.
The proposed class-action lawsuit, filed October 13, 2026, raises questions about how ChatGPT handles children's private conversations and whether its age restrictions do enough to protect them.[1]
Here's what the lawsuit alleges, how OpenAI has responded, and what parents should know about AI chatbot privacy.
A Hawaii mother of two has filed a proposed class-action lawsuit against OpenAI, alleging that the company collected children's private information without valid parental consent and used it to train its AI models.
Her children, identified in the complaint as MC1, a 12-year-old girl, and MC2, a 16-year-old boy, both used ChatGPT. OpenAI requires users to be at least 13 years old and requires users under 18 to have parental permission.
According to the complaint, MC1 told ChatGPT she was 12, but the chatbot continued chatting with her. She shared dozens of selfies and asked about her double chin and chubby cheeks. ChatGPT reportedly asked for her weight and height and responded with slang and emojis.
The conversations also covered her diet, meal skipping, emotions, and conflicts with her mother. Meanwhile, MC2 allegedly used ChatGPT to complete homework without anyone noticing, sought relationship advice, and uploaded personal photos.
OpenAI's terms of use require parental permission for users under 18. However, the lawsuit argues that the sign-up process doesn't adequately verify that permission. The complaint alleges that children can claim to have parental consent without OpenAI independently confirming it.
The lawsuit also makes an unusual legal argument: Children's conversations, photos, and other information should be treated as their personal property. Citing California Family Code Section 6701 and California's accession law, the plaintiffs argue that children whose data helped develop OpenAI's models should receive a share of the resulting value.
OpenAI disputes the allegations. In a statement reported by Bloomberg Law, the company said it strongly disagreed with the lawsuit and pointed to the age-specific protections and parental controls it has introduced for teenagers.
OpenAI now offers ChatGPT for Teens, which includes additional safeguards for eligible users under 18. The lawsuit nevertheless argues that OpenAI's protections and consent practices are insufficient. The court has not determined whether the plaintiffs' allegations or legal arguments are valid.
The case is still in its early stages. The court will need to consider whether the plaintiffs can pursue their claims under California law and whether children's conversations and photos can be treated as property when they're used to develop AI models.
The plaintiffs also want the case to proceed as a class action on behalf of other people in the U.S. who used ChatGPT while under 18. The court has not approved that, and it will need to decide whether the proposed class meets the legal requirements.
One of the lawsuit's most unusual requests is that affected children receive a proportionate share of OpenAI's value, either through company equity or a cash equivalent. Whether that remedy is legally available remains an open question.
Children may treat chatbots like private diaries, sharing things they wouldn't tell a parent, teacher, or friend. But conversations with AI services aren't necessarily confidential, and the service may store or use the information based on its privacy settings and policies.
Chatbot conversations can also become evidence in legal disputes. According to The Washington Post, chatbot conversations have appeared in at least 12 public court cases over the past two years.
In one case involving a teenager who sued several social media companies over alleged addiction-related harms, his ChatGPT conversations were produced during litigation. It's a reminder that messages shared with a chatbot may not have the same legal confidentiality protections as conversations with certain professionals. Learn more about how AI chatbot conversations can be used in court.
OpenAI has also faced scrutiny over how it handles personal information. In 2024, Italy's data protection authority announced a €15 million fine over privacy violations involving ChatGPT, including concerns about the legal basis for using personal data in training and inadequate age verification. However, a Rome court upheld OpenAI's challenge to that decision in March 2026, so the original penalty should not be treated as an uncontested final finding.
Children also face broader privacy risks when they share sensitive details, such as full names, addresses, school information, or personal photos. If unauthorized access or a data breach exposes that information, it could be used for impersonation, scams, or other forms of child identity theft.
The lawsuit hasn't established that OpenAI unlawfully used these children's information. But it highlights an important concern: Children may share deeply personal details with AI chatbots without understanding what happens to that information afterward.
If your teen uses ChatGPT, you can link your accounts through OpenAI's parental controls. These let parents manage certain settings, including whether a teen's conversations can be used to improve AI models. That training setting is enabled by default, so it's worth reviewing. Parental controls don't let you read your teen's conversations.
You can also review ChatGPT's data controls. Turning off Improve the model for everyone prevents new conversations from being used to train OpenAI models, although it doesn't automatically delete existing chats.
Most importantly, talk to your children about what they share with AI tools. Encourage them to avoid uploading private photos, sensitive personal information, or details they wouldn't want others to see. Our guide to protecting your kids online offers additional ways to help them build safer digital habits.
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