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From Hawaii Plaintiffs Sue OpenAI Over Alleged Data Scraping of Minors

What could the lawsuit against OpenAI mean for the supreme court?

Possible What happens if… A possibility worth considering, not a forecast.

The supreme court may rule on the legality of AI data scraping practices. The lawsuit filed by Hawaii plaintiffs alleges that OpenAI unlawfully scraped highly personal data from millions of children who used ChatGPT without parental consent. The plaintiffs demand the case be certified as a class action and seek equity or a cash equivalent based on the tokens each child contributed. If the case progresses through the judicial system, the complex legal questions regarding the scope of data scraping, minors' privacy, and the terms of service for AI platforms could eventually require a ruling from the supreme court.

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How it reaches supreme court

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The facts so far

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  • Hawaii plaintiffs filed a lawsuit against OpenAI on October 14, 2026.cnet.com
  • The plaintiffs allege OpenAI used data from millions of children who signed up for ChatGPT without parental permission.cnet.com
  • The lawsuit demands OpenAI pay equity or a cash equivalent in proportion to the number of tokens each child contributed.cnet.com
  • The complaint states children shared highly personal information, including photos, health details, and voice recordings.cnet.com

Why it matters

The stakes are high for the entire AI industry. If the supreme court addresses these issues, it could set a precedent regarding how AI companies are allowed to collect and use personal data, particularly from minors, fundamentally changing the guardrails of the technology.

This lawsuit is part of a growing trend, as other complaints accuse OpenAI of using copyrighted material to train its AI models or failing to alert authorities about flagged user activity.

What we don't know yet

  • Will the lawsuit be certified as a class action?
  • What specific legal precedents will be used to evaluate the legality of the data scraping?

What would change this answer

The court certifies the lawsuit as a class actionThe scope and financial impact of the case would increase dramatically, making a high-level legal ruling more likely.
OpenAI successfully defends the data scraping practices in lower courtsThe legal pressure on the supreme court regarding this specific issue would likely diminish.

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