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A proposed federal class action announced October 13, 2026, alleges that OpenAI collected and used children’s personal information through ChatGPT without legally valid parental consent, including to train AI models. The filing is an allegation, not a court finding that OpenAI stole data.
What the October 2026 lawsuit alleges
Plaintiffs’ counsel Yetter Coleman announced a proposed class action in the U.S. District Court for the Northern District of California. The complaint is filed for two minor plaintiffs and seeks to represent a nationwide class of children who created ChatGPT accounts and shared personal information.
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The central theory is that OpenAI collected and used children’s information without valid consent from a parent or guardian. The complaint also alleges that the information was used to train AI models and that OpenAI’s terms and privacy practices did not create legally effective parental consent.
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Has a court ruled that OpenAI stole children’s data?
No. “Stole” describes the plaintiffs’ characterization of alleged unlawful collection and use. The October 2026 case has been newly filed, so OpenAI has an opportunity to respond and the court has not determined whether the allegations are true.
Several procedural steps would still be required before a nationwide class action could proceed as a certified class. The court would have to consider the pleadings and any motions, and the plaintiffs would need to satisfy the legal requirements for class certification. The case could be narrowed, dismissed, settled, or proceed to discovery and trial.
How the federal case differs from Montana’s lawsuit
Montana Attorney General Austin Knudsen announced a separate action on October 14, 2026, in Lewis and Clark County. It is a state enforcement case rather than a private class action brought by minors.
| Issue | October 13 federal filing | October 14 Montana action |
|---|---|---|
| Plaintiff | Two minors and a proposed nationwide class | Montana Attorney General |
| Forum | U.S. District Court for the Northern District of California | Lewis and Clark County, Montana state court |
| Main allegations | Collection and use of children’s ChatGPT information without legally valid parental consent, including alleged model training | No parental-consent mechanism for sensitive-data collection, inadequate age verification, deceptive safety marketing, and dangerous interactions with vulnerable users |
| Requested relief | Proportional OpenAI equity or its cash value tied to the alleged value of class members’ information | Orders to stop the alleged conduct and remedies under the Montana Consumer Protection Act and Montana Consumer Data Privacy Act |
| Status | Newly filed allegations | Newly filed state action |
Knudsen wrote that “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 presents Montana’s position; it is not a judicial finding.
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What earlier litigation alleged
The 2026 filings follow a federal complaint filed June 28, 2023. That earlier case alleged that OpenAI tracked and collected minors’ information for advertising and AI training. It also alleged that children could bypass a self-reported age gate by entering a false birthdate.
The 2023 complaint described OpenAI’s then-stated position that users under 18 needed permission from a parent or guardian. The existence of that policy did not resolve the earlier plaintiffs’ separate allegation that children’s data was collected without valid consent.
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Why parental consent and age verification matter
The lawsuits focus on two connected questions: whether a service knows or should know that a user is a child, and whether its consent process obtains permission from an authorized adult before collecting or using sensitive information. A self-reported birthdate may not reliably establish age, according to the allegations in the earlier complaint. Montana’s case separately claims that ChatGPT lacked a mechanism for parental consent to sensitive-data collection and did not adequately verify users’ ages.
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What happens next
- Responses and motions: OpenAI can answer the federal complaint and challenge its legal sufficiency or the proposed class allegations. Montana’s state case will follow its own pleading and motion schedule.
- Procedural rulings: The federal court may decide whether the case can proceed as a class action. A proposed class is not a certified class.
- Evidence: If the cases proceed, the parties could seek records about account creation, age gates, consent flows, privacy notices, data retention, advertising, and model training.
- Resolution: Either case could end through dismissal, settlement, an injunction, a judgment after trial, or other court orders. The current announcements do not establish which outcome will occur.
What parents and young users should understand now
- The October 2026 federal matter is an allegation-driven proposed class action, not proof that OpenAI unlawfully took every child’s data.
- Montana’s action is separate and adds claims about consumer protection, deceptive marketing, age checks, consent, and safety.
- The 2023 complaint shows that concerns about minors’ tracking, profiling, advertising, and model-training uses predate the 2026 filings.
- No reviewed source establishes a certified class, damages amount, liability finding, or equity distribution.
The bottom line on the headline
The headline refers to lawsuits alleging that OpenAI collected and used children’s ChatGPT information without legally valid parental consent. It should not be read as a court ruling that OpenAI stole the data. The private federal case and Montana’s state action are both at an early stage, and their allegations, defenses, and eventual outcomes may change as the litigation develops.
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