Terms Unconditional

LLM Providers · LLM Provider / AI Assistant · Private litigation

OpenAI (ChatGPT / Sora)

Headline

In May 2025 a federal magistrate ordered OpenAI to preserve every ChatGPT output log indefinitely - overriding both its own 30-day deletion policy and users' explicit delete requests - and Judge Stein affirmed it on…

In May 2025 a federal magistrate ordered OpenAI to preserve every ChatGPT output log indefinitely - overriding both its own 30-day deletion policy and users' explicit delete requests - and Judge Stein affirmed it on appeal in June, rejecting the argument that user privacy should outweigh discovery. Normal deletion only resumed in October 2025, but everything captured inside the window stayed in storage, and in January 2026 the court upheld an order pushing 20 million conversations into discovery. None of those users were notified or given any chance to object; individual users who tried to intervene were denied as non-parties. In July 2026 the publishers moved for sanctions, alleging OpenAI destroyed output logs despite the preservation orders, including replacing more than a million requested logs with other conversations. Sam Altman has publicly acknowledged people treat ChatGPT like a therapist, lawyer, or priest - and that those conversations can be subpoenaed, because no privilege attaches to any of it.

  • SeveritySeverity 5 of 5. In May 2025 a federal magistrate ordered OpenAI to preserve every ChatGPT output log indefinitely - overriding both its own 30-day deletion policy and users' explicit delete requests - and Judge Stein affirmed it on…
  • Evidence tierUnassigned
  • Claims confirmed4 of 13 claims confirmed against a primary source
  • Last verified2026-08-04

Case status. Private litigation; the legal tier of its sources has not been assigned yet.

Primary source. www.thurrott.com/a-i/openai-a-i/330404/openai-must-turn-over-chatgpt-logs-in-new-york-times-case — Verified - primary source confirmed.

Last verified 96 days agoverified 96 days ago0180 days
Freshness. Last verified 96 days ago (2026-08-04); stale after 180 days.

Terms

Arbitration

Y - mandatory individual arbitration (NAM) plus class and jury trial waivers; 30-day opt-out window from account creation or from any update to the arbitration terms, via a form. Arbitrator is a retired judge or CA-licensed attorney; SF state/federal courts retain authority over enforceability and public injunctive relief. Batch arbitration provision applies.

30-day opt-out window from sign-up.30-day window from sign-upday 0day 30
Opt-out window: 30 days. 30-day opt-out window from sign-up. Recorded as: 30.

Data sharing

Consumer default is training-on-your-content unless you opt out (Settings > Data Controls). Users retain ownership of Input and are assigned rights to Output, but OpenAI takes a broad license to use both to operate and improve services. Standard consumer deletion is 30 days for deleted/temporary chats; API 30 days. Business/Enterprise and Zero Data Retention API customers are carved out of training by default.

Fees and billing

Liability cap is the greater of 12 months of fees paid or $100. Outputs disclaimed AS IS with an explicit accuracy disclaimer - reliance risk sits with the user, including for professional advice.

Contacts

Privacy contact. privacy@openai.com (data-subject requests: dsar@openai.com; portal: privacy.openai.com)

Legal notice. Not verified this pass. If publicly traded: SEC Form 10-K cover page gives the official corporate address; the Secretary of State business-entity search in the state of incorporation gives the registered agent, which must accept service. If private: the state registered agent is usually the only reliable route.

Mailing address. OpenAI OpCo, LLC, 1455 Third Street, San Francisco, CA 94158, USA

Written channel present
Paper trail: written. Written channel present.

Evidence

ClaimKindSupportSources
1. In May 2025 a federal magistrate ordered OpenAI to preserve every ChatGPT output log.factsupportednone recorded
2. The preservation order overrode OpenAI's 30-day deletion policy and users' delete requests.factunknown1 (1 confirmed)
3. Judge Stein affirmed the preservation order on appeal in June 2025.factunsupported1 (1 confirmed)
4. Judge Stein rejected the argument that user privacy should outweigh discovery.factunsupportednone recorded
5. Normal deletion resumed in October 2025.factunsupported1 (0 confirmed)
6. Everything captured during the preservation window stayed in storage.factunknownnone recorded
7. A court ordered 20 million ChatGPT conversations into discovery.factsupportednone recorded
8. In January 2026 the court upheld the 20-million-conversation order.factunsupported1 (1 confirmed)
9. Users were not notified or given any chance to object.factunsupportednone recorded
10. Individual users who tried to intervene were denied as non-parties.factunsupportednone recorded
11. In July 2026 the publishers moved for sanctions alleging OpenAI deleted or compressed billions of conversations.factunsupported1 (1 confirmed)
12. Sam Altman acknowledged people treat ChatGPT like a therapist, lawyer or priest.factunsupportednone recorded
13. Sam Altman acknowledged these conversations can be subpoenaed because no privilege attaches.factunsupportednone recorded

4 of 13 claims have a confirmed source of their own.

Sources

SourceClaimTierStatusQuote
court · 2025-05-13Claim 2Unassignedconfirmed“whether such data might be deleted at a user's request”
Quote basis: not recorded.
court · 2025-06-26Claim 3Unassignedconfirmed“the Open AI defendants' objection to Magistrate Judge Wang's May 13, 2025, Order [Doc. No. 33] is denied”
Quote basis: not recorded.
court · 2025-10-09Claim 5Unassignedcorrected“ongoing obligation ... is terminated as of September 26, 2025”
Quote basis: not recorded.
court · 2026-01-05Claim 8Unassignedconfirmed“OpenAI's objections ... are denied and the orders are affirmed”
Quote basis: not recorded.
court · 2026-07-09
www.courtlistener.com/recap/gov.uscourts.nysd.640396/gov.uscourts.nysd.640396.1617.1.pdf
Claim 11Unassignedconfirmed“OpenAI deleted or compressed billions of ChatGPT conversations”
Quote basis: not recorded.

Source vault

Link status: Candidate - not yet fetched

DocumentLast fetchPDF
Privacy policy
https://openai.com/policies/privacy-policy/
Not fetched yetN
Terms of service
https://openai.com/policies/terms-of-use/
Not fetched yetN
Website
No URL recorded
Not fetched yet—
Primary source
https://www.thurrott.com/a-i/openai-a-i/330404/openai-must-turn-over-chatgpt-logs-in-new-york-times-case
Verification: Verified - primary source confirmed
Not fetched yet—

Enforcement

No enforcement actions are linked to this row.

State statute

No HQ state on file, so no state statute applies by headquarters.