Case guide
Saving a Loved One’s Chatbot Records
You do not have to read the chats to keep them. Leave accounts and devices as they are, and a lawyer can help get records.
Updated Oct 5, 202649 sources
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Does this case involve physical injury, a medical diagnosis, or significant financial loss? *
Updated Oct 5, 202649 sources
This may apply to you if
- Someone you love died by suicide, and you believe an AI chatbot played a part.
- You, or your child, were hurt by self-harm after using an AI chatbot.
- You are close family, such as a spouse, partner, child or parent, or you handle the estate.
The short answer
- Who can I talk to while I do this?
- Going through a loved one’s things can be very hard. You can call, text or chat 988 at any hour, for yourself or someone you are worried about. AFSP also lists suicide loss support groups, including online groups. [39]
- What should we avoid doing with the account and devices?
- If you can, do not delete the app, the account or any chats. OpenAI says an export cannot bring back chats that were already deleted. Keep phones, tablets and computers somewhere safe. [35]
- What if the account is yours, or your living teen’s?
- You can ask the company for a copy. For ChatGPT, OpenAI’s help page lists two ways. You can use Export in Settings, under Data controls, or ask through its Privacy Portal. You may need the email or phone number on the account. [35]
- What about Character.AI or other apps?
- Leave the app and account in place, and ask a lawyer to ask for the records. We could not confirm if Character.AI offers a chat export. Its help pages would not load for us on October 5, 2026. [40]
What rules a case out
Not covered by this case
- This page does not ask anyone to read or share the chats. A lawyer can handle that with you.
- It is not crisis care. For support at any hour, call or text 988.
The process
What happens next
- 01
You answer a few questions
About two minutes. Nothing is sent until you agree on the last step and press submit.
- 02
A lawyer looks at it
A lawyer at the firm reads your answers and checks them against the current case criteria.
- 03
The firm decides and gets in touch
If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.
You do not have to read the chats to keep them. Leave accounts and devices as they are, and a lawyer can help get records. Call or text 988 for support.
Who can I talk to while I do this?
Going through a loved one’s things can be very hard. You can call, text or chat 988 at any hour, for yourself or someone you are worried about. AFSP also lists suicide loss support groups, including online groups.
You do not have to do any of this right away or alone. A friend, a family member or a lawyer can help with the steps below.
Do I have to read the chats?
No. You can keep the records without opening them. A lawyer can review them later, if that is ever needed.
It can help to have one person handle the records while others step back. Do what feels right for you.
What should we avoid doing with the account and devices?
If you can, do not delete the app, the account or any chats. OpenAI says an export cannot bring back chats that were already deleted. Keep phones, tablets and computers somewhere safe.
Ask a lawyer before you sign in to a loved one’s account or change its settings. California’s digital assets law says a person acting for the estate may not use that role to pretend to be the user.
Do not try to reset a locked phone. Apple says it cannot remove a passcode lock without erasing the device.
If police took a phone or other belongings, AFSP says to ask for a list of what they took. It says families have the right to get those things back once the investigation is complete.
What if the account is yours, or your living teen’s?
You can ask the company for a copy. For ChatGPT, OpenAI’s help page lists two ways. You can use Export in Settings, under Data controls, or ask through its Privacy Portal. You may need the email or phone number on the account.
OpenAI says to use the Privacy Portal if you cannot sign in. It says you cannot export by yourself from a ChatGPT Business, Enterprise or Healthcare workspace.
Our main guide explains how long an export takes and when the download link expires. Save the file somewhere private.
What about Character.AI or other apps?
Leave the app and account in place, and ask a lawyer to ask for the records. We could not confirm if Character.AI offers a chat export. Its help pages would not load for us on October 5, 2026.
In March 2025, Character.AI said its weekly parent reports showed time spent and the characters used most, but not chat content. So those reports are unlikely to hold the chats.
What if my loved one has died and we cannot get into the account?
There are legal routes, but they take paperwork. In California, the person who handles the estate can ask for a loved one’s messages. The company must share them if your loved one agreed, such as in a will or online tool, or a court orders it.
The request needs to be in writing, with a certified death certificate and proof of the role, such as the court’s letter naming the representative, a small-estate affidavit or a court order. Once the company has every paper the law lists, it has 60 days to act. A court can order it to comply, and a company may also require a court order.
Even without the messages themselves, the representative may be able to ask for a list of who the person messaged and when.
California’s law does not make companies share passwords or unlock protected devices.
Apple says that in the U.S. you can ask for some of the data in a deceased person’s Apple Account with a court order that names you as the rightful heir. Some data is end-to-end encrypted, and Apple cannot unlock it.
If your loved one set up an Apple Legacy Contact, that person can ask for access with the access key and a death certificate.
Google says it may close a deceased person’s account at a family’s request and, in some cases, share content. It says it cannot later turn over the contents of an account it has closed, so ask a lawyer before you close any account.
Which other records can help?
Medical and counseling records may help. After a death, the person in charge of the estate can usually ask for them. Health privacy rules keep those records private for 50 years after death.
A provider may charge reasonable costs for copying and mailing, but not for finding the records. There is no right to a therapist’s separate session notes.
Find out where you stand.
The review is free and private. Asking for it doesn’t commit you to anything.
Register your interestSources
- Order Re: Petition for Coordination, ChatGPT Product Liability Cases, JCCP No. 5431 (Super. Ct. S.F. County, Feb. 3, 2026, Hon. Stephen M. Murphy)JCCP 5431 coordination order · court
- Judicial Council of California, Civil Case Coordination Proceeding (JCCP) Log, 2018 to present (entry for JCCP 5431)Judicial Council JCCP log · court
- Garcia v. Character Technologies, Inc., No. 6:24-cv-1903-ACC-UAM (M.D. Fla.), Order on Motions to Dismiss, Doc. 115 (signed May 20, 2025; filed May 21, 2025)Garcia order on motions to dismiss · court
- Garcia v. Character Technologies, Inc., Notice of Resolution, Doc. 242 (Jan. 7, 2026)Garcia notice of resolution · court
- Garcia v. Character Technologies, Inc., Order Dismissing Case, Doc. 244 (Jan. 7, 2026)Garcia dismissal order · court
- CourtListener docket, Garcia v. Character Technologies, Inc., 6:24-cv-01903 (M.D. Fla.)Garcia docket · court
- A.F., on behalf of J.F., et al. v. Character Technologies, Inc., No. 2:24-cv-01014 (E.D. Tex.), Complaint, Doc. 1 (Dec. 9, 2024)A.F. complaint (E.D. Tex.) · court
- A.F. v. Character Technologies, Inc., Joint Motion to Stay All Deadlines and Notice of Settlement, Doc. 106 (Jan. 6, 2026)A.F. notice of settlement · court
- CourtListener docket, A.F. v. Character Technologies, Inc., 2:24-cv-01014 (E.D. Tex.)A.F. docket · court
- Montoya v. Character Technologies, Inc., No. 1:25-cv-02907 (D. Colo.), Unopposed Joint Motion to Stay, Doc. 31 (Jan. 6, 2026)Montoya joint motion to stay · court
- Montoya v. Character Technologies, Inc., Joint Status Report, Doc. 34 (Apr. 2, 2026)Montoya status report · court
- CourtListener docket, E.S. v. Character Technologies, Inc., 1:25-cv-02906 (D. Colo.)E.S. docket (D. Colo.) · court
- Fox v. OpenAI, Inc., et al., No. 25STCV32379 (Super. Ct. L.A. County), Amended Complaint (dated Nov. 6, 2025)Fox amended complaint
- FTC press release: FTC Launches Inquiry into AI Chatbots Acting as Companions (Sept. 11, 2025)FTC 6(b) inquiry · regulator
- California SB 243 (2025), Companion chatbots, chaptered text (Bus. & Prof. Code §§ 22601-22606)California SB 243 text · regulator
- California SB 243 (2025) bill statusSB 243 status · regulator
- Cal. Code Civ. Proc. § 335.1Cal. CCP § 335.1 · regulator
- Cal. Code Civ. Proc. § 352Cal. CCP § 352 · regulator
- Cal. Code Civ. Proc. § 377.60Cal. CCP § 377.60 · regulator
- Cal. Bus. & Prof. Code § 6147 (contingency fee contracts)Cal. B&P § 6147 · regulator
- Cal. Prob. Code § 873 (digital assets: user direction)Cal. Prob. Code § 873 · regulator
- Cal. Prob. Code § 876 (disclosure of a deceased user's communications)Cal. Prob. Code § 876 · regulator
- HHS: Your Medical RecordsHHS: Your Medical Records · regulator
- S.D.N.Y. Pro Se FAQ: How long do I have to file my complaint (statute of limitations)?SDNY: filing time limits · court
- 988 Suicide & Crisis Lifeline (988lifeline.org)988 Lifeline
- 988 Lifeline: 988 Lifeline Chat FAQ988 Lifeline Chat
- Recommendations for Reporting on Suicide (SAVE and partners; reportingonsuicide.org)Recommendations for Reporting on Suicide
- SAVE: Media recommendations for responsible coverageSAVE media recommendations
- AFSP: Guidelines for Ethically Reporting on SuicideAFSP ethical reporting guidelines
- AFSP: Practical Information for Immediately After a LossAFSP: after a loss
- OpenAI: Helping people when they need it most (Aug. 26, 2025)OpenAI statement, Aug. 2025
- OpenAI: Introducing parental controls (Sept. 29, 2025; updated July 13, 2026)OpenAI statement, Sept. 2025
- OpenAI: Strengthening ChatGPT's responses in sensitive conversations (Oct. 27, 2025)OpenAI statement, Oct. 2025
- OpenAI: Our approach to mental health-related litigation (Nov. 25, 2025; updated Dec. 17, 2025)OpenAI litigation statement
- OpenAI Help Center: Exporting your ChatGPT history and dataOpenAI Help: data export
- Character.AI: Taking Bold Steps to Keep Teen Users Safe on Character.AI (Oct. 29, 2025)Character.AI statement, Oct. 2025
- McBain RK et al. Evaluation of Alignment Between Large Language Models and Expert Clinicians in Suicide Risk Assessment. Psychiatric Services 2025;76(11):944-950 (PubMed 41174947)McBain et al., Psychiatric Services 2025 · study
- Diel A et al. A scoping review on the mental health harms of LLM-based chatbots. NPJ Digital Medicine 2026;9(1):644 (PubMed 42624944)Diel et al., NPJ Digital Medicine 2026 · study
- SAMHSA: 988 Frequently Asked Questions (federal agency page)
- Character.AI blog: Introducing Parental Insights: Enhanced Safety for Teens (Mar. 25, 2025) (company statement)
- HIPAA Privacy Rule, 45 C.F.R. § 164.502(f)-(g) (personal representatives; deceased individuals) (CFR annual edition, Oct. 1, 2024)
- AFSP: Find a suicide loss support group (AFSP guidance)AFSP: Find a suicide loss support group (AFSP guidance)
- Cal. Prob. Code § 880 (fiduciary duties; account termination)Cal. Prob. Code § 880 (fiduciary duties; account termination) · regulator
- Apple Support: Request access to a deceased family member's Apple Account (company page)Apple Support: Request access to a deceased family member's Apple Account (company page)
- Google Account Help: Submit a request regarding a deceased user's account (company page)Google Account Help: Submit a request regarding a deceased user's account (company page)
- Cal. Prob. Code § 881 (60-day compliance; court orders)Cal. Prob. Code § 881 (60-day compliance; court orders) · court
- Cal. Prob. Code § 877 (catalogue and other digital assets of a deceased user)Cal. Prob. Code § 877 (catalogue and other digital assets of a deceased user) · regulator
- Cal. Prob. Code § 871(c) (definition of catalogue)Cal. Prob. Code § 871(c) (definition of catalogue) · regulator
- Apple Support: How to add a Legacy Contact for your Apple Account (company page)Apple Support: How to add a Legacy Contact for your Apple Account (company page)
Checked against 30 primary sources by People's Justice editors · Updated
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