• by Wendy Davis , over 1 hour ago

OpenAI is pressing a federal judge to throw out a privacy lawsuit by a ChatGPT user who claims the company wrongly disclosed her queries to Meta and Google.

In papers filed Wednesday with U.S. District Court Judge Marilyn Huff in the Southern District of California, the artficial intelligence company argues the plaintiff, California resident Amargo Couture, can't move forward with the lawsuit because she consented to any alleged disclosures.

"All of plaintiff’s claims are barred because she consented to OpenAI’s terms of use and privacy policy, which expressly inform users that information about their use of ChatGPT, including their prompts, may be disclosed to third parties," the company contends.

The new papers stem from a class-action complaint filed by Couture in May, when she alleged that ChatGPT wrongly transmitted data about her online activity to Meta and Google through embedded software -- the Meta Pixel and Google's analytics code.

She alleged that starting in 2025, she visited the chatbot's website and "entered queries related to sensitive information about her health, finances, and other private information."

Last month, OpenAI filed papers seeking dismissal of the complaint. Before Huff ruled on the motion, Couture amended her complaint by adding allegations that OpenAI knows its users "communicate highly sensitive personal information" to the chatbot.

"Defendant touts ChatGPT as a 'healthcare ally' and claims 'more than 40 million people consult the platform every day for health information,'" Couture alleges, referencing a January 2026 report.

The revised complaint also quotes from a June Open AI report that says more than 200 million people ask ChatGPT financial related questions every month.

"In short, defendant is encouraging users to express opinions to and seek advice from the website that they would otherwise only trust to close confidants and licensed professionals," the amended complaint states. "Users reasonably expect this information to remain confidential in the way it would remain confidential in daily life."

OpenAI argues in its new papers that the allegations in the amended complaint, even if proven true, wouldn't show the company violated privacy laws.

The company says its privacy policy and "cookie notice" (which discusses analytics and marketing cookies) "make no exception for health- or budgeting-related queries."

Instead, the privacy policy and cookie notice "disclose, categorically, that 'prompts and other content' may be shared with 'vendors' and 'service providers,' including analytics providers, regardless of subject matter," OpenAI argues.

The matter is tentatively scheduled for a Nov. 2 hearing.