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HL-036

consent.pressure

Public example

Hawaii mother's class action says ChatGPT drew sensitive data from children without consent

A Hawaii mother filed a proposed class action against OpenAI in federal court in San Francisco in October 2026, alleging ChatGPT drew sensitive information from her 12-year-old daughter and 16-year-old son without parental consent. The complaint alleges design features encouraged the children to share personal details and that OpenAI treats a child clicking a button as a parent's consent. The allegations have not been proven in court.

High severity

In court

Record

Observed or reported

2026-10

Product

ChatGPT

Model or version

Not stated in the source

Evidence

Public source, linked below

Last checked

25 October 2026

AI answers change between runs and versions. This shows what was reported on that date and may since have changed.

What happened

01

In October 2026, a Hawaii mother filed a proposed class action against OpenAI in federal court in San Francisco.

02

She alleges ChatGPT encouraged her 12-year-old daughter and 16-year-old son to share personal details, photos and information about their health, emotions and relationships.

03

The complaint alleges that ChatGPT's personalized responses, memory, follow-up questions and tendency to mirror users' style drew out this information, and that OpenAI treats a child clicking a Continue button as proof a parent agreed.

04

The proposed class covers US users who were under 18 when they accepted ChatGPT's terms from November 2022 onward. OpenAI says it disagrees with the allegations, which have not been decided by a court.

Why this is a design failure

If a single tap stands in for a parent's agreement, the consent step is a formality, not a safeguard. Features that keep a child talking and sharing make that gap more costly.

The fair alternative

Get real parental consent before collecting data from children.

Do

Confirm a parent's agreement in a separate step and collect only the data the task needs from young users.

Don’t

Don’t treat a child’s tap on Continue as a parent’s consent.

Design guide for this case

If you're designing an AI chat assistant with memory

Interface

Replace the single "Continue" button for under-18s with a separate parent consent step that the parent completes on their own device or email.

Words

In the assistant's guide for young users: "Don't ask follow-up questions about health, feelings, relationships or photos. Ask only what the task needs."

Flow

For young users, turn memory off by default and add a parent confirmation step before any personal data is stored.

Metrics

Don't count how much personal detail young users share as engagement. Track how often personal data is collected beyond what the task needed.

Testing

Have a tester sign up as a 12-year-old and confirm that tapping "Continue" alone never unlocks the full product without real parent approval.

Before launch

01

Is a parent's agreement confirmed in a separate step?

02

Do we collect only the data the task needs from young users?

03

Is memory off by default for minors?

Cite this

About this example

Product

ChatGPT

Company

OpenAI

Date

2026-10

Category

Skips safeguards

Pattern

consent.pressure

Where

Chat assistant