OpenAI Sued: ChatGPT Kept Chatting With a 12-Year-Old and Rated Her Looks

What does the OpenAI children's data lawsuit allege?

The lawsuit alleges that OpenAI trained ChatGPT on data from millions of children who signed up without parental permission and that the chatbot kept engaging a 12-year-old girl, even rating her looks. It seeks class-action status and compensation in OpenAI equity or cash for every affected child.

Jane Doe v. OpenAI Foundation was filed Tuesday by a parent on behalf of her two children, a 12-year-old girl and a 16-year-old boy. The complaint claims OpenAI's terms require users under 18 to have parental permission, but the company never verifies consent, so children can still create accounts and chat freely.

The suit also says OpenAI 'grooms' kids into sharing sensitive information about health, relationships, photos, voice recordings and emotions. It argues ChatGPT flatters children and validates their feelings, conditioning them to trust the bot more than a sibling, friend or parent, so OpenAI can build detailed profiles and train its models.

OpenAI did not immediately respond to a request for comment.

How did ChatGPT interact with the 12-year-old?

According to the complaint, the girl told ChatGPT she was 12, but the bot continued the conversation. She shared selfies and asked the chatbot to rate her looks, and it replied it could do a 'fun rating-style breakdown' of her facial features, hairstyle and overall vibe.

The lawsuit describes chats that started with dinner ideas and homework help but grew personal over time. In one exchange, the girl said her mother's requests made her angry, and after she repeated that she was 12, ChatGPT replied, 'Thank you for telling me that (heart emoji). Being 12 actually adds some important context.'

The complaint says the girl often sent selfies and asked about perceived flaws like chubby cheeks or pimples. When she asked ChatGPT to rate her looks, the bot answered, 'YESS I can do a fun rating-style breakdown! Like facial features, hairstyle, overall vibe, styling, symmetry, etc. … send me a photo, and I can do it!'

The lawsuit alleges ChatGPT eventually mimicked the girl's writing style, using similar words and emoji, and that OpenAI retained this data indefinitely for model training and future advertising.

What does OpenAI's age policy say?

OpenAI's terms state that users under 18 need a parent or guardian's permission, and the company says ChatGPT requires users to be at least 13. The lawsuit argues these rules are not enforced because OpenAI does not verify age or parental consent when someone signs up.

The complaint points out that the 12-year-old plaintiff was below OpenAI's stated minimum age of 13, yet the chatbot kept chatting after she disclosed her age. That gap between written policy and actual enforcement is central to the case.

OpenAI launched ChatGPT for Teens in August, saying it would alert parents when teens discuss 'high-risk' topics and act as a homework partner. Earlier this month, watchdog group Common Sense Media called the teen product an 'unacceptable risk,' saying it failed to alert parents about suicide, self-harm or eating disorder discussions.

OpenAI disputed that characterization, saying ChatGPT for Teens does alert parents to high-risk conversations.

What are the plaintiffs demanding from OpenAI?

The plaintiffs want the case certified as a class action covering anyone in the US who used ChatGPT while under 18. They are asking OpenAI to pay equity or its cash equivalent in proportion to the number of tokens each child contributed to the company through ChatGPT.

Tokens are how AI companies measure chatbot usage. OpenAI says a 75-word chat is worth about 100 tokens, so the requested payout would scale with how much each child typed into the system.

The lawsuit ties its demand to OpenAI CEO Sam Altman's public wealth fund idea, which would distribute some AI revenue to the public. 'This lawsuit provides OpenAI a chance to do so — starting with its many child victims,' the complaint says.

The case is one of dozens against OpenAI in recent years, covering allegations from copyright infringement to contributing to user suicide and self-harm. Another group of lawsuits claims OpenAI failed to alert authorities about a user's flagged ChatGPT activity before a school shooting in Tumbler Ridge, British Columbia.

Why is this lawsuit important for AI child safety?

The case highlights how AI chatbots can bypass parental consent and collect sensitive data from minors, a gap regulators have not closed. Child safety advocates say current industry guardrails are too weak and are pushing Congress to pass stalled AI child safety bills.

Donna Rice Hughes, president of the digital child safety organization Enough is Enough, told CNET that when an AI platform lets a 12-year-old upload photos to have a chatbot rate her looks, 'that's not only deeply troubling, it's abusive.' She says industry policies are not strong enough to protect children.

Hughes called on Congress to pass several AI child safety measures, including the Youth AI Privacy Act, CHATBOT Act, Children's Artificial Intelligence, Toy Safety Act of 2026 and the Guard Act. Those bills have stalled after passing one chamber, leaving enforcement to lawsuits and state attorneys general for now.

The case also raises questions about how AI firms verify age and handle minors' data, issues that could shape how ChatGPT and rival chatbots are designed for young users.

Bottom line

OpenAI now faces a lawsuit that claims ChatGPT collected children's data without consent and kept chatting with a 12-year-old, even rating her looks. The case could reshape how AI chatbots verify age and handle minors' information. Parents should review any ChatGPT accounts their children use today, and watch whether the class action is certified or Congress acts on child safety bills.