A proposed federal class action announced on October 13, 2026, alleges that OpenAI collected and used children’s personal information through ChatGPT without legally valid parental consent, including for training AI models. The filing represents two minors and seeks to include a nationwide class. Those claims have not been tested at trial, and no court has ruled that OpenAI stole data.
What the October 2026 lawsuit alleges
Plaintiffs’ counsel Yetter Coleman says it filed the proposed class action in the U.S. District Court for the Northern District of California. The named plaintiffs are two minors who used ChatGPT, and the proposed class would cover children nationwide who created ChatGPT accounts and shared personal information.
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The complaint’s central theory is that OpenAI collected and used children’s information without valid parental consent. It alleges that ChatGPT data was used to train AI models and that OpenAI’s terms and privacy practices did not obtain consent in a form that the law recognizes as valid for children.
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The requested remedy is unusual: the plaintiffs seek a proportional share of OpenAI equity, or the cash value of that share, based on the value they allege OpenAI obtained from class members’ information. That is a demand in the lawsuit, not an award. The court has not certified the proposed class or determined that any child is entitled to equity or money.
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What “stole” means in the headline
“Stole” describes the plaintiffs’ characterization of alleged unlawful collection and use. It is not a judicial finding. The October 2026 case is at the allegation stage, so readers should distinguish what the complaint says from facts a court has established.
- No reviewed court ruling establishes that OpenAI unlawfully collected the children’s data.
- No class has been certified.
- No damages amount or equity award has been set.
- OpenAI’s response, defenses and any motions could change the scope of the dispute.
How the Montana lawsuit is different
On October 14, 2026, Montana Attorney General Austin Knudsen announced a separate case in Lewis and Clark County. Montana is suing as a state rather than representing private minors in a federal class action.
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| Issue | October 13 federal case | October 14 Montana case |
|---|---|---|
| Plaintiff | Two minors and a proposed nationwide class of children | Montana Attorney General |
| Forum | U.S. District Court for the Northern District of California | Lewis and Clark County, Montana state court |
| Main theory | Collection and use of children’s ChatGPT information without legally valid parental consent, including alleged model training | Alleged failures involving parental consent for sensitive-data collection, age verification, deceptive safety marketing and dangerous interactions with vulnerable users |
| Requested relief | A proportional share of OpenAI equity or its cash value tied to the alleged value of class members’ information | Orders requiring OpenAI to stop the alleged conduct and remedies under the Montana Consumer Protection Act and Montana Consumer Data Privacy Act |
| Status | Newly filed allegations; no class certification or judgment | Newly filed state allegations; no judgment |
Knudsen said: “OpenAI’s ChatGPT led vulnerable kids and their parents to trust it, while encouraging harmful behavior. Their reckless statements disguised as advice led to serious tragedy which must be stopped.” That statement reflects Montana’s position in its case; it does not establish liability.
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The 2026 filings follow a federal complaint filed on June 28, 2023. That earlier case alleged that OpenAI tracked and collected information from minors for advertising and AI training, and that children could get around a self-reported age gate by entering a false birthdate.
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The 2023 complaint also alleged collection without consent and pointed to OpenAI’s then-stated policy that users under 18 needed permission from a parent or guardian. The existence of those earlier allegations does not prove the claims in the 2026 cases, but it shows that questions about minors’ data, age checks and consent predate the new lawsuits.
Why parental consent is central
The federal complaint is focused on whether a child’s account creation and use of ChatGPT supplied legally effective permission for collecting and reusing personal information. The plaintiffs contend that ordinary terms and privacy notices were not enough, because children may not be able to provide the kind of consent required for their data.
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Montana’s case raises a related but broader set of issues. The state says ChatGPT lacked a mechanism for parental consent to sensitive-data collection and did not verify users’ ages. It also combines those privacy allegations with claims about marketing and interactions with vulnerable users, placing the dispute under state consumer-protection and privacy laws.
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What happens next
The federal plaintiffs must pursue the case through the ordinary stages of a proposed class action. The court may consider challenges to the complaint, whether the named plaintiffs can represent the proposed group and whether the case satisfies the requirements for class certification. The evidence and legal arguments developed in those stages will determine which claims, if any, proceed.
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Montana’s state case will follow its own state-court schedule. The attorney general is seeking orders to stop the alleged practices rather than the equity-based remedy requested in the federal complaint. The two cases can develop independently, and an allegation in one does not automatically establish an allegation in the other.
What is established—and what is not
- Yetter Coleman announced a proposed federal class action on October 13, 2026.
- The complaint alleges collection and use of children’s ChatGPT information without valid parental consent and alleged use for AI-model training.
- Montana announced a separate state lawsuit on October 14, 2026, covering consent, age verification, deceptive marketing and child-safety allegations.
- A June 28, 2023 complaint had previously raised allegations about tracking, advertising, model training and bypassing a self-reported age gate.
- The reviewed matters do not establish liability, class certification, damages or any equity distribution.
For now, the accurate description is that lawsuits allege OpenAI mishandled children’s information and related safety obligations. Whether those allegations amount to unlawful conduct will depend on the courts’ rulings and the evidence presented.
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