A children's-data lawsuit puts AI consent under the microscope

A family may think a chatbot conversation is private because it feels like a one-to-one exchange. A new proposed class action in a California federal court asks what happens to that information after a child types it. The complaint, filed on behalf of two minors and a proposed nationwide class, alleges OpenAI collected and used children's personal information to train models without legally valid parental consent. The plaintiffs seek a declaration about rights under the terms of use and a share of value they say came from the information. These are allegations, not judicial findings; the class has not been certified, and the case is at its outset. OpenAI says ChatGPT is not meant for children under 13 and that users ages 13 to 17 need parental permission. Its help pages say a linked parent can switch off use of a teen's conversations to improve models, while the listed default is enabled. Those controls are relevant, but a settings menu does not by itself resolve the legal question about informed consent or historical data use. We should not expose or repeat any intimate details about the minors in the complaint to explain the case. The broader issue is design: can a young user and guardian clearly know what is retained, used for improvement and removable? The next evidence is OpenAI's answer, the court's rulings and a verifiable account of how the controls operated for affected users, not the complaint's rhetoric alone.