OpenAI ChatGPT Class Action: Were You a Minor User?
Doe v. OpenAI Foundation, filed Oct 13, 2026, proposes a class of ChatGPT users who were under 18. Who is in it, what it seeks, and why there is no claim form yet.
Doe v. OpenAI Foundation was filed in federal court in California on October 13, 2026.
Possibly. The ChatGPT class action lawsuit proposes a nationwide class of everyone in the United States who clicked "Continue" on ChatGPT's Terms of Use while under 18 and then gave ChatGPT data from November 2022 on.
The case is one day old. No court has certified a class, and there is no settlement, claim form, or claim deadline. If you were a teen user, or you are the parent of one, there is nothing to file today.
Are You in the OpenAI ChatGPT Minors Class Action?
You fall inside the proposed class if you clicked "Continue" on ChatGPT's Terms of Use before turning 18 and then gave ChatGPT data at any point from November 2022 to the present. The class action complaint says this covers every user who was under 18 at that click, whatever age they typed in.
A proposed class is a request from the plaintiffs. Only the court decides who is a class member, and only if it certifies a class. You do not need to join, register, or sign anything to be part of a proposed class.
A claim form can only follow a court-approved settlement, and none has been reported. Anyone who asks for a fee or card number to "register" for the OpenAI minors lawsuit is not connected to the court.
Who Is in the Proposed Class
The proposed class is defined in paragraph 401 of the complaint: "All persons in the United States 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."
The complaint argues that the age a user typed does not matter. It says California Family Code Section 6701 is a strict liability rule, so the class reaches every user who was under 18 at the click. The plaintiffs also reserve the right to ask to amend the complaint and add subclasses under the laws of all 50 states.
| Situation | In the proposed class? | Note |
|---|---|---|
| Signed up under 18, clicked "Continue," used ChatGPT after November 2022 | Yes, as proposed | Matches the class definition in paragraph 401 |
| Signed up under 18 but typed an age of 18 or older | Yes, as proposed | The complaint says the age typed does not matter (paragraph 402) |
| Signed up under 13 | Yes, as proposed | The class covers all users under 18; the Terms of Use prohibit use under 13 |
| Signed up at 18 or older | No | The definition requires the user to be under 18 at the click |
| Clicked "Continue" under 18 but never gave ChatGPT any data | No | The definition requires one or more tokens of data |
| User outside the United States | No | The definition covers persons in the United States |
The named plaintiff is Jane Doe, suing for her two minor children, identified as MC1 and MC2. MC1 is 12, lives in Hawaii, and has used ChatGPT since February 2026. MC2 is 16, lives in Hawaii, and has used ChatGPT since January 2026.
What the ChatGPT Class Action Lawsuit Alleges
The ChatGPT class action lawsuit alleges that OpenAI let children sign up and collected their data without effective consent from a parent. Every point in this section is an allegation the court has not decided.
According to the complaint, a child needs only to give a name, say they are at least 13, and click "Continue" to create a ChatGPT account. OpenAI's Terms of Use prohibit use under 13 and say users under 18 need permission from a parent or guardian. The complaint alleges OpenAI does not communicate with parents or secure effective parental consent.
The complaint says OpenAI collected children's personal information, including sensitive health information, photos, voice recordings, and details about family and friends. It alleges OpenAI used that information to train its large language models and to build profiles. OpenAI denies the claims.
The complaint also targets "ChatGPT for Teens," which it says OpenAI launched on August 18, 2026. It alleges the teen product does not require parental consent to sign up, does not change the Terms of Use, and leaves training and memory settings on by default. The product lets a parent link to a teen's account for alerts about possible self-harm, and the complaint alleges the teen can turn that link off.
What the Plaintiffs Are Asking For
The plaintiffs are asking the court to declare the ChatGPT Terms of Use void for minors and to make OpenAI give up value it allegedly gained from children's data. The complaint brings two kinds of claims: declaratory relief and unjust enrichment. It is not a claim under a federal children's privacy statute.
| Request | What it means |
|---|---|
| Class certification | The court would let the case proceed for the whole group of former and current teen users |
| Declaration under California Civil Code Section 1568.5 | A minor's statement that a parent consented would not count as consent |
| Declaration under California Family Code Sections 6701(a) and 6701(c) | The Terms of Use would be void for minors, and the arbitration clause in them would not bind class members |
| Unjust enrichment: restitution, constructive trust, disgorgement | OpenAI would hand over profits the plaintiffs say came from children's data |
| An equity stake in OpenAI, or its cash value | A share of OpenAI tied to the data allegedly taken, measured by the number of tokens each child contributed |
| Interest, punitive damages, attorneys' fees and costs | Added money awards the plaintiffs request on top of the main relief |
Bloomberg Law called the equity request unusual. The complaint does not state a dollar figure per person. If the Terms of Use are void for minors, the complaint says the arbitration clause would not bind class members; our guide to mediation versus arbitration explains how arbitration works.
What OpenAI Says
OpenAI rejects the lawsuit. In a statement reported by Bloomberg Law, OpenAI said: "We strongly disagree with this misguided lawsuit that singles out OpenAI despite the industry-leading age-specific protections we've built into our product."
OpenAI also said the claims risk "pushing teens toward products with fewer safeguards or reduced parental controls." OpenAI said its teen accounts use age-appropriate safeguards. No court has weighed either side's position.
Where the ChatGPT Class Action Lawsuit Stands
The ChatGPT class action lawsuit is at its first step: a complaint has been filed, and the court has made no ruling. The case is Doe v. OpenAI Foundation, No. 3:26-cv-11781, in the U.S. District Court for the Northern District of California, filed October 13, 2026, with a jury trial demanded.
The defendants are OpenAI Foundation (formerly OpenAI, Inc.), OpenAI OpCo, LLC, OpenAI Holdings, LLC, and OpenAI Group PBC. The plaintiffs are represented by Yetter Coleman LLP, Sheeren Law PLLC, EdTech Law Center PLLC, and Umberg Zipser LLP.
A class action is brought by named plaintiffs for a whole group. If a court certifies the class and later approves a settlement, a notice and claim process usually follows. Our explainer on how class action settlements work walks through those stages, and the guide to how to claim settlement money covers what filing looks like once a form exists.
If you are weighing whether to bring your own case or wait as a possible class member, read starting versus joining a class action. For a different case against a different artificial intelligence (AI) company, see the Anthropic AI settlement eligibility guide. Readers looking for cases with open filing windows this month can use our list of October 2026 claim deadlines.
What Parents and Former Teen Users Can Do
Parents and former teen users have no deadline to meet and no form to submit in this case. The useful steps are reading the filing, avoiding scams, and deciding whether you want legal advice.
- Read the filed complaint (Dkt. 1) yourself; the class definition is at paragraph 401.
- Refuse anyone who asks for a fee or a card number to "register" for this case, because they are not connected to the court.
- Later filings in the case appear on the court's docket under case number 3:26-cv-11781.
- Keep screenshots and account details only if you plan to talk to a lawyer about your child's account or your own.
The complaint contains allegations only. Nobody can say yet whether a class will be certified, whether the claims will succeed, or whether any money will be paid. If you signed up for ChatGPT at 18 or older, you fall outside the proposed class definition.
We will update this guide if the court certifies a class or approves a settlement.
Frequently Asked Questions
Who is in the proposed OpenAI ChatGPT class?
The proposed class covers everyone in the United States who clicked "Continue" on ChatGPT's Terms of Use while under 18 and then gave ChatGPT data from November 2022 to the present. No court has certified this class yet.
Can I file a claim in the OpenAI ChatGPT lawsuit?
No. There is no settlement, claim form, claims website, or claim deadline. A claim form can only follow a court-approved settlement, and none has been reported.
Does it matter what age I typed when I signed up for ChatGPT?
The complaint says it does not. It argues that California Family Code Section 6701 is a strict liability rule, so the class includes everyone under 18 at the click, whatever age they entered.
What is the OpenAI minors lawsuit asking for?
The plaintiffs ask the court to certify the class and declare the Terms of Use void for minors, including the arbitration clause. They also seek restitution, disgorgement of profits, an equity stake in OpenAI or its cash value, punitive damages, and attorneys' fees. The complaint states no dollar figure per person.
What does OpenAI say about the lawsuit?
OpenAI told Bloomberg Law it strongly disagrees with what it called a misguided lawsuit. OpenAI said its teen accounts use age-appropriate safeguards and that the claims risk pushing teens toward products with fewer safeguards.
What should I do if my child used ChatGPT?
There is nothing to file, and you do not need to register for your child to be part of a proposed class. Do not pay anyone who offers to sign your child up. If you want advice on your child's situation, keep screenshots and account details and speak with a licensed attorney.
Not sure where you stand?
Check your eligibility in under 2 minutes — free, private, and no commitment required.