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Roblox Claims 8-Year-Old Waived Right to Sue by Accepting Terms

Roblox is arguing in federal court that a child who died by suicide waived her legal rights 28 times by checking agreement boxes on the platform, starting at age 8.

Eliza Crichton-Stuart

Eliza Crichton-Stuart

•

Updated Aug 23, 2026

Roblox TOS | PDF

A federal court case involving Roblox has surfaced one of the most uncomfortable legal arguments in gaming's recent history: that an 8-year-old child waived her right to sue the company by clicking an "I agree" box when she signed up for an account.

The case centers on Audree Heine, a 13-year-old from Northern Kentucky who died by suicide in December 2024. Her mother, Jaimee Seitz, filed a wrongful death lawsuit in October 2025 alleging Audree was exposed to harmful and violent content on Roblox after joining the platform at age 8, despite Seitz configuring parental controls on the account. Discord and TikTok are also named as defendants in the suit.

The arbitration argument at the center of this case

In filings submitted to the Eastern District of Kentucky in August, Roblox moved to compel arbitration, arguing that Audree and her family waived her right to a jury trial no fewer than 28 times. The company's legal team broke that count down specifically: once when she created her account, six times when she accepted updates to Roblox's Terms of Service, twice through Roblox gift card redemptions, and 19 times through purchases of Robux, the platform's virtual currency bought with real money.

Roblox's attorneys wrote in the motion that "Audree repeatedly manifested her assent, as courts have routinely held in examining similar agreements."

Seitz responded to that motion directly. "She was a child, she didn't understand arbitration. She didn't understand contracts. She didn't understand what the little box could mean years later," she said. "It's insulting."

Here's the thing: Roblox's sign-up screen does explicitly state that clicking sign-up means agreeing to the Terms of Use "including the arbitration clause." The legal question before Judge David Bunning is whether that disclosure is meaningful when the person clicking it is a primary school student.

important
If courts rule that children can waive jury trial rights through standard terms-of-service agreements, it would set a significant precedent for how platform liability cases involving minors are handled across the entire gaming industry.

What the lawsuit actually alleges

The wrongful death suit, originally filed against Roblox and Discord and amended in December 2025 to add TikTok, claims Audree was bullied and socially isolated through the platforms. Law enforcement investigators found a journal after her death that allegedly showed she had been introduced to violent subcultures through her online activity.

The suit alleges Seitz trusted the platforms' stated safety standards and set parental controls believing they would protect her daughter. Roblox allowed any user to friend and chat with any other user regardless of age until November 2024, a policy that had been in place for over a decade.

Audree's case is not isolated. It sits alongside more than 150 other cases currently filed against Roblox. Ten law firms have filed mass tort claims in the Northern District of California, and the firm representing Seitz is reviewing more than 1,000 additional claims from parents across the country.

Congressional and state-level pressure building simultaneously

The timing of these federal court filings is not happening in a vacuum. On August 12, the U.S. Senate Judiciary Committee's subcommittee on Crime and Counterterrorism, led by Senator Josh Hawley and ranking member Senator Richard Durbin, formally notified Roblox CEO David Baszucki that Congress had launched an investigation into the platform.

The congressional letter referenced Roblox's own 2025 data showing the company reported 65,381 instances of suspected child sexual exploitation to the National Center for Missing and Exploited Children. That number is more than double what Roblox reported in 2024.

At the state level, Kentucky Attorney General Russell Coleman filed a civil suit in October 2025 arguing the platform exposes children to predators and lacks adequate security. Ohio Attorney General Andy Wilson filed a separate class-action lawsuit, with Ohio's public pension funds claiming a combined $21.5 million in losses after investing in the company.

Roblox's 2023 Annual Report showed an average of 68.5 million daily active users, with 21% of those users under 9 years of age.

What this means for parents and players right now

The core issue Walsh, Seitz's attorney, keeps returning to is transparency. "They do not want the truth about how dangerous their platforms are to come out," he said, arguing that arbitration clauses exist specifically to keep cases out of public courtrooms.

Seitz's legal team now has 30 days to respond to the companies' motions to dismiss and compel arbitration. How Judge Bunning rules on the arbitration question could shape whether this case, and potentially dozens of others, ever see a jury.

For parents with children on the platform, Roblox's current default settings do block adults from directly messaging users under 13, a change implemented in November 2024. Before that date, no such restriction existed.

For broader context on Roblox games, events, and what's currently active on the platform, the Roblox guides collection has the latest on what players are engaging with right now.

Roblox Resources

Check out Roblox Gift Cards on Amazon here.

Learn about other popular Roblox experiences:

  • Grow a Garden
  • Plants vs Brainrots
  • Steal a Brainrot
  • 99 Nights in the Forest
  • Endless Horde
  • Blade x Zombies
Eliza Crichton-Stuart author avatar

Eliza Crichton-Stuart

Head of Operations

Reports

updated

August 23rd 2026

posted

August 23rd 2026

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