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GM Hit With 2nd OnStar Data Collection Lawsuit

Earlier this month, GM Authority reported that General Motors was being sued for allegedly violating privacy and consumer protection laws through unauthorized collecting and sharing of private driving data by way of the OnStar Smart Driver program. Now, the Detroit-based automaker has been hit with another lawsuit making similar accusations.

According to a report from Detroit Free Press, this new suit alleges that The General collected driver information without obtaining consent and subsequently shared this data with third parties. In addition, the lawsuit claims GM announcing that it was cutting ties with two data brokers indicates that the automaker knew it did not have its customers’ legal consent to collect and share their personal driving data.

“We are reviewing the complaint and have no additional comment at this time,” a GM spokesperson stated.

Photo of GM OnStar.

As previously mentioned, the first lawsuit filed by Romeo Chicco of Florida prompted this newest legal action. Chicco’s lawsuit alleges that although he took deliberate action to not activate the OnStar services in his 2021 Cadillac XT6, his driving habits were nonetheless tracked in detail and shared with LexisNexis and Verisk, those two aforementioned data brokers.

Although OnStar claims that driver information is only shared with an insurance carrier after the driver has given explicit permission, Chicco nevertheless discovered extensive info about 258 trips that had been shared when Liberty Mutual denied him insurance.

Of course, General Motors is not alone in collecting detailed information regarding the movements and driving behaviors of drivers, as most major automakers are doing the same. Some experts in the field predict that the unregulated and arguably invasive data-harvesting practices will eventually lead to a spike in lawsuits.

For those interested in opting out of data collection, check out GM Authority’s guide for practical information on increasing your privacy in your GM vehicle.

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As a typical Florida Man, Trey is a certified GM nutjob who's obsessed with anything and everything Corvette-related.

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Comments

  1. They need another one for Alexa and Google.

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  2. I just received my LexisNexis data from the request I made last week. It’s downright scary how much info this company possesses about you, some of it incorrect (they have one of my former addresses as a place I have never lived). It also had almost 1,000 records under Telematics on our driving going back several years (miles, hard stops and acceleration) and broken out by vehicle. I hope everyone who sues wins big-time.

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    1. I just looked at mine. I hope LexisNexis has the best security in the world , for their servers! They have EVERYTHING in this report! SS #s, addresses, going back almost 60 years for me!, children’s names, addresses, etc., etc., etc.!!!

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      1. I just got my report from LexisNexis, and I agree the hundreds of pages of my personal information (for both reports) is criminal!

        I did a quick search and the slot for SSN was not populated, but they have everything on me, and some data on someone with a similar name to mine, and mixed in my Ex’s data (after the divorce) as well (no wonder my rates have skyrocketed).

        I live in California and will see if I can get it removed with the CCPA laws. I don’t know if they actually follow through with deleting data, or just sell it to any buyer (China, Russia, etc) before deleting it.

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  3. I’m genuinely wondering if this is why my rate is sky-high. Zero accidents or tickets, but I am quite a spirited driver. My brother who drives the exact same car as me, similar credit score, and same driving record has a much less premium… the only difference is he doesn’t have a lead foot.

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    1. same insurer as bro and coverage type too?

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  4. The biggest scandal in this is that they promised lower insurance premiums, but in reality they used poorly captured data without consent as an excuse to raise the rates. I don’t see any evidence of consumers benefitting from this scam.

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    1. I mean, it’s simple logic. Insurance companies aren’t buying OnStar data through an intermediary with the purpose of LOWERING anyone’s rates. Nobody makes the investment unless it’s going to ultimately result in increased revenue. That bunk GM tried to lay down about it saving their drivers money flies in the face of common sense.

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      1. I hear you, but if that’s what happened, then it means GM is maliciously lying to their customers after demonstrably selling them out. They need to be transparent with their customer base ASAP.

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  5. In the case of OnStar, just keep your phones locations services off. You only need it on when you are using an app. It shouldn’t be working in the background. I looked up the setting in myCadillac app and it stays off because I refuse to allow locations services to work without my consent.

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    1. That’s not how OnStar works. Whether location services are enabled on your phone or not the OnStar equipment in the car itself is collecting all kinds of telematic data. The Florida lawsuit plaintiff claims he never even installed the app on his phone, and never signed up for OnStar service and he still had all his driving habit data tracked and sold, hence the lawsuit.

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  6. Makes me want to ditch my ’24 Trax and drive a ’92 C1500, or a ’79 El Camino. Talk about heebie jeebies. Distasteful as heck. I mean like trust factor ZERO, and EV are even more intrinsically tethered to data collection, so those that are OK with EV… watch yourselves.

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    1. No surprise. GM is not the only one doing this. Toyota and Ford are to blame as well. There are many privacy lawsuits for Toyota as well.

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      1. I don’t believe Ford is doing this without specific consent.

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        1. As I understand this it doesn’t matter if we signup for On-Star or not the telematics is being collected with the vehicle mounted On-Star components.

          Our individual On-Star telematic driving data is then potentially sold to insurance companies by GM. Initially this results in everyone’s insurance cost being increased to pay for the data as customers pay for everything sooner or later.

          After our driving habits are evaluated with the telematic data, the insurance companies can raise rates a second time on what they perceive as higher risk drivers.

          So if I pass some drunk idiot doing 25 in a 45 mph zone (possibly exceeding the speed limit when performing the maneuver) I can potentially be hit with higher rates for the action. That’s messed up. It’s George Orwell’s 1984 and we’re paying for it!

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      2. Ramsey, you constantly defend GM by saying “look at Toyota and others”.

        This topic is about GM scamming and tracking people.

        Stop with your idiotic look-over-there-isms.

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        1. You must ACKNOWLEDGE that other manufacturers are GUILTY as well, not just GM. I am not defending them , but I am stating that Toyota and Ford also DID as well.

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          1. Your beloved GM is flat out wrong on this one, and you know it, but it pains you greatly to criticize them.

            YOU must ACKNOWLEDGE this before you engage in your lookey-over-there-isms.

            It’s nothing more than deflection when you can’t deal with being wrong.

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  7. This is very concerning – GM better take note and quickly fix customers concerns. I’m in the market for a new car and a GM vehicle is on the short list, but I’m seriously considering removing it BECAUSE of this. I would hope GM realizes this scandal will potentially be a hit to their sales numbers (both short and long-term) if they don’t proactively make this right ASAP. NOW is the time to be transparent and demonstrate leadership GM!

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    1. I am sure most car brands are doing this. The good news is GM will probably be the best to buy from since the issue has now come to light and they are correcting it (or so it seems). The others have ‘t been caught yet (this is speculation).

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    2. GM is not the only vehicle manufacturer doing this (though GM claims to have recently severed their relationships with two data broker/consolidators as a result of the “1st” lawsuit a couple of weeks ago).

      Use your favorite browser to search “XXXXXXX data privacy” (where XXXXXXX = vehicle manufacturer or model) and see what returns.

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      1. @Dan & @Bill G

        Yes – you’re right and I agree the other manufacturers are probably sharing. The issue I have, and which I understand the lawsuits are for, is the customer is opting out of sharing the data, but it’s still being shared. This is the problem – if someone specifically opts out and the data is shared, then minimally it’s disingenuous, but closer to privacy theft. GM needs to clean up the app, website, and privacy statements. A customer should have to specifically request to opt into sharing their data, with GM providing a clear explanation on where that data can go. There should not be a default to share the data – which sounds like is happening. If these third-party companies are sharing data without consent, then GM needs to sue them on behalf of us, their customers. My guess – if the class action suits were not brought up, GM would not have pulled their agreements with those two (and how many other) companies. GM has the ability to fix this and I really hope they do – let’s see what happens…

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        1. I agree with all you said but would like to clarify one item, if I may… perhaps it is just me, but “sharing” doesn’t include money changing hands.

          For instance, when I share a gardening tool with a neighbor, I expect the tool to be returned when my neighbor is done with it. I don’t expect any money, dinner or other payment (except perhaps continued friendship) from my neighbor.

          This GM issue very likely had money or other similar tangible item/asset from the data consolidator to GM. And the data consolidator sold specific data to the insurance companies.

          We are the source of the data and yet we are not paid for the data we create. Sort of like being a farmer who gets paid nothing, but everyone upstream from the time the farm product leaves the farm gets paid.

          The “ride sharing” folks finally figured this out and that has morphed into “gig economy ride hailing”. Allowing someone to drive one’s vehicle is not “sharing”, it’s a rental car. Allowing someone to use an electric bike with the requirement of a valid credit card to be charged for use is not “e-bike sharing”, but also a rental.

          If someone wants my data, that’s fine, but I expect to get paid for it. This is true whether Google, Apple, GM, Ford, Facebook, YouTube or any other collection point. And right now, the data creator is not paid for supplying their data (unless one is an “influencer” with a huge following). YouTube’s monetization policy is a good sample of this…

          Apologies for getting off-topic. Stepping off my soap-box, now.

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  8. My free 5 months of Onstar come back offer ends next week. Was going to cancel because It was supposed to come with a $50 gift card. never got it. But now I have a better reason. I will join a class action

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    1. Check your credit card statement to be sure. They started charging me after the first of three free months. I cancelled immediately.

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  9. I shut off the tracking. I’m driving at all hours of the am and pm. Business meeting in NJ and New York.

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  10. Anybody know how to join the lawsuit? I recently found the latest version of “My Chevrolet” app was tracking me by default, shut it off but prob too late for that.
    Carfax is another company sharing erroneous data with LexisNexis and when you ask Carfax where the erroneous data came from they refuse to divulge the information for “privacy” reasons!!! And i got nowhere with LexisNexis so I did file with them to remove my name from their database but not even sure how to check if it was done. I am paying a huge increase in my insurance for something that is simply wrong and my hands are tied unless I want to hire a law firm big enough to go after these behemoths!

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    1. There is no class action suit….yet.

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  11. GM along with the Government want to force you into an EV so they can “really control” your every move. So much they’ll are not telling. Smdh.

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    1. this ain’t the government, they’re not that smart. read on below…

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  12. If you don’t mind my asking how or where does one get the info on ones’ data?

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    1. Reply
    2. For Lexis Nexis and GM, you can go to their website and complete a form. For Onstar, you have to contact them and get the address of a third party company that handles such enquiries on their behalf and write to them – – the address varies by your state of residence.

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  13. Hyundai has shared info with Verisk without my consent. They need to be the next ones being sued for this.

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    1. Hyundai/Kia need to come clean or pay us for the info they are selling

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  14. I hope GM loses their A$$ over this B.S.
    All companies that behave like this should be held responsible and get sued over the Immoral and unethical behavior that they show to us.
    I guess that I need to learn how to find out about my Buick and see what I can do to possibly get some money out of this horrible situation !!!!

    Good luck to all of us and EFF – U – Mary Barra ….

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    1. It’s not just GM and the other carmakers. LexisNexis is paying the whole supply chain for data. If tou think paying cash to a bodyshop will prevent your insurance company from raising your rates? Not anymore. bBodyshop supplies the VIN number of your car when it orders parts from a supplier. Supplier sells your information (from your vin) to LexisNexis and they sell the data to the insurance companies and they raise your rates. Doesn’t matter it it was an accident or if you just changed parts to make your car a more sporty model. And the supplier also sells your data to Carfax which insurance companies also buy and then raise your rates. This is corporate collusion at it’s finest.

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    2. Same can be said about Toyota.

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  15. hello, i am Mary Barra and i aprove of this message.

    Reply
  16. Two words CLASS ACTION

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  17. This will all be part of your social score one day.

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  18. How do I opt out of data collection if I have an older phone that runs Android 10?
    I am told the app My GMC requires Android 11.

    Reply
  19. Could those executives that sold stock,knew this was going down this week.inside trading. Stocks are up but we will see what happens next week. I had to contact onstar multiple times to say I didn’t want it. Onstar rep was actually rude because I said I want nothing to do with the system.

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    1. Stocks are up more….so……yeah….

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  20. Trey Hawkins – Thank you for this story. I now know that I have to get my information off of both LexisNexis and Verisk. Are there any other data brokers to be concerned with for this GM scandal?

    I am already using incogni to remove other data broker information, and I was wondering if there are other ID’s that GM used that need to be hunted down.

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  21. Something not brought up by anyone so far is that once the insurance companies have info on you and raise your premiums, they will NEVER lower your rates once they no longer receive new or additional info on you

    Reply
  22. nut driving a bolt,
    With the new Google built in crap, I am concerned with the CCP having our data as well.

    Reply

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