Class Action
Cousart / A.T. v. OpenAI
Cousart v. OpenAI LP (docketed as A.T., et al. v. OpenAI LP, et al.)
Where it stands
Judge Vince Chhabria granted defendants' motions to dismiss on May 24, 2024, criticizing the nearly 200-page complaint for 'swaths of unnecessary and distracting allegations' and 'policy grievances' unsuited to judicial resolution, and giving leave to amend within 21 days with a warning that failure to cut irrelevant material would result in dismissal with prejudice. Plaintiffs filed a notice of intent not to amend on June 14, 2024, ending the case.
Key ruling
May 24, 2024 (Chhabria, J.): motions to dismiss granted with leave to amend on pleading-standard grounds; the only written merits-adjacent decision among the 2023 generative-AI scraping privacy class actions. Plaintiffs elected not to amend.
Note on this record
Cousart and A.T. refer to the same docket, 3:23-cv-04557 (N.D. Cal.) — the caption is reported both ways depending on which pseudonymous plaintiff is listed first. Lead counsel listed as Clarkson Law Firm based on its role in the companion P.M. action and contemporaneous reporting; the appearance was not independently confirmed from the docket.The record
- Court
- U.S. District Court for the Northern District of California
- Case number
- 3:23-cv-04557-VC
- Filed
- 2023-09-05
- Defendants
- OpenAI LP · OpenAI, Inc. and affiliated OpenAI entities · Microsoft Corporation
- Plaintiffs
- Putative class of individuals whose personal information was allegedly scraped from the internet and from OpenAI-integrated products and used for model training
- Technology at issue
- ChatGPT and OpenAI model training data; Microsoft integrations
- Relief sought
- Injunctive relief, damages, and disgorgement for alleged unlawful collection and use of personal data
- Counsel of record
- Clarkson Law Firm, P.C.
Claims pleaded
Sources (3)
- Order Granting Motions to Dismiss (Dkt. 78), A.T. v. OpenAI LP, No. 3:23-cv-04557 (N.D. Cal.)Justia Dockets & Filings · 2024-05-24
- Year in Review: 2024 Generative AI Litigation TrendsWilmerHale · 2025-03-07
- Cousart v. OpenAI LP, No. 23-cv-04557-VC (N.D. Cal.)CaseMine · 2024-05-24
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.