General Motors (GM) Driver Data Privacy Lawsuit

The OnStar Smart Driver Program was one of these promised instances of optimization through data utilization. Launched in 2016, the program provided drivers of OnStar enabled GM vehicles with feedback and safety tips based on driving behaviors such as “hard” braking, acceleration, and speed contributing to an overall driver score. However, a New York Times article from March 11, 2024, revealed that the collected information went further than just improving driving habits.

The article investigated a trend noticed by some GM drivers where their insurance rates had increased for unknown reasons. During the investigation, it was discovered that GM was allegedly sharing OnStar Smart Driver information on driver behavior with both LexisNexis and Verisk—who then sold this information to insurance companies though it often lacked context on the circumstances surrounding the driving behavior(s), including whether the insured was actually driving said OnStar enabled vehicle.

A follow-up article on April 24, 2024 expanded on the original piece including allegations that many drivers never consented to share their data, and many may have been unknowingly enrolled in the OnStar Program.

General Motors is one of the largest automobile manufacturers in the world. Familiar car brands such as Buick, Cadillac, Chevy and GMC are all built by the company. With such a diverse portfolio of cars, SUVs and trucks, it is estimated that as many as 8 million drivers may have been affected. Numerous lawsuits have since been filed in multiple states against General Motors, OnStar, LexisNexis and Verisk. GM has also terminated its relationship with OnStar.

To learn if your driver data has been collected and shared, request a Consumer Disclosure Report from LexisNexis and Verisk. You are entitled to these reports via the Fair Credit Reporting Act. You can request one from LexisNexis or from Verisk, though you will need to attest to the fact that this is in connection with the Verisk report being a factor in an adverse action connected with insurance when you apply. To maximize the time frame of available data requesting this information should be done with a sense of urgency.
 

In recent years, Motley Rice attorneys have represented clients harmed by multiple data privacy violations that left millions of victims susceptible to identity theft, including the massive Equifax data breach that affected 143 million Americans in 2017. Our attorneys also represented Marriott and Starwood hotel guests affected by a series of cybersecurity breaches over the course of several years that potentially exposed passport information and other personal data for up to 500 million customers. Attorney Jodi Westbrook Flowers served as co-liaison counsel of the 21st Century Oncology data breach Plaintiffs’ Steering Committee that oversaw litigation filed for patients who allege their medical records were exposed by the company due to a lack of security. Jodi also leads a team of Motley Rice attorneys in an investigation into claims that Facebook potentially violated privacy laws by allowing third parties to harvest private information from millions of the network’s users.