Romeo Chicco, a GM customer in Florida, has filed a federal lawsuit against General Motors and LexisNexis Risk Solutions alleging violation of privacy and consumer protection laws as a result of unauthorized sharing of his driving data. The data was allegedly shared through the GM OnStar Smart Driver program, which Chicco claims he never enrolled in. Chicco claims that the data sharing resulted in significantly elevated insurance premiums.
According to a report from The New York Times, Chicco was rejected by seven auto insurance companies late last year before he discovered that driving habits in his 2021 Cadillac XT6 were shared with insurers, leading to significantly higher insurance rates. The data highlighted 258 trips made over the course of six months, including instances of speeding, hard braking and acceleration, and when the trips started and ended.
A Liberty Mutual agent informed Chicco that he had been rejected as a result of information included in his LexisNexis report. LexisNexis is a data broker that provides insurers with information on drivers’ moving violations, accident history, and prior insurance coverage.
Per the complaint, which was filed against General Motors and LexisNexis in the U.S. District Court for the Southern District of Florida, Chicco contacted GM and LexisNexis inquiring why his data had been collected without his consent, and was eventually informed that he had enrolled in the OnStar Smart Driver program. The OnStar Smart Driver program aims to help those enrolled “become a better driver” by tracking and rating driving habits and seatbelt use, offering a gamified approach to driver safety. Chicco, however, says he had not signed up for the program, but did indicate that he had downloaded the MyCadillac mobile app.
The recent New York Times report follows another report published last week highlighting how GM’s OnStar service provides insurance companies with customer driving data through a data broker. Following last week’s report, a GM spokesperson provided the following statement and details to GM Authority:
“GM’s OnStar Smart Driver service is optional to customers, who give their consent three times before limited data is shared with an insurance carrier through a third party. Customer benefits include learning more about their safe driving behaviors or vehicle performance that, with their consent, may be used to obtain insurance quotes. Customers can also unenroll from Smart Driver at any time.”
- The driving behavior insights can only be shared when a customer explicitly consents through an insurance carrier to have the data shared. This is after two other consents as well, one at the time of accepting privacy terms when enrolling in OnStar, and the other at the time of consenting to and enrolling in Smart Driver.
- The goal of these programs is always to reduce the total cost of insurance, and millions of GM customers have saved on their car insurance because of such services.
- If a customer has an issue with Smart Driver, they can start a live chat, push their blue OnStar button, or call at 1.888.466.7827.
- Customers can also find more information at: https://www.onstar.com/support/faq/smart-driver
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Comments
It makes complete sense that everyone follows the law in an orderly fashion, but there is also an argument to be made for following the flow of traffic. I recall one case decades ago where police arrested two(?) guys for going the speed limit on a major road, considerably slowing traffic down behind them. They were given tickets for this. In my own experience I notice drivers around me become irate and reckless when I am traveling the speed limit. Insurance companies can collect this data, but they can’t see the circumstances behind them. What if the driver braked hard because a pedestrian foolishly walked into the road? What if the driver is accelerating to quickly circumnavigate a foolish driver who is all over the road? Data cannot tell the full story. Sometimes the safest thing is to brake hard and increase acceleration.
I was in a driving class where the instructor said exactly this. You can be given a ticket for going the speed limit. His take was more if you are in the left lane and going the speed limit. Right lane assuming you are going minimum speed of usually 45, I don’t think you’d get a ticket. But totally agree, you have to drive your surroundings. I was on a curvey road and a motorcycle comes up from behind at like 70 or 80 in a 45. I was adjacent to a car and so I knew the motorcycle was going to split between us, which I felt crazy on curves and at those speeds. I punched it up to around 60 to go by the car next to me quickly so the motorcycle would not need to split between us. Speed trap was just ahead and I got pulled over. Explained what I did to the officer and she let me go, then went after the motorcycle which her partner was already pursuing. Even if I’d gotten a ticket, I would still do the same thing. I’ve no intention of causing a motorcyclist to die even if they are doing stupid.
I hope this costs GM hundreds of millions. Maybe billions if others come forward. This data farming is a gross misuse of their position and just disgusting.
I, on the other hand, hope that what is Just for the parties involved is the finding of this lawsuit.
I totally agree, they don’t have the right to be doing any such thing , in order to make an extra buck, let alone aiding insurance companies, who already have to much control of how much, and what they charge there customers for anyway!!!!!
Good.
The prudent thing to do is keep the flow of traffic, in Southern California, driving below 80 MPH on the two left lanes is downright suicide, one runs the risk of getting rammed by speeding vehicles.
In California, they do not give speeding tickets. Instead they give trophies.🤪
I have 10 gm vehicles and I just looked in chevy app to see if my app was on. It was. I turned it off. I’m sure my rates are going to go up now. Fml
I’m sure GM selling way more data!
And we thought China was spying on us. LOL
I discovered this same thing with my 2022 Sierra 2500hd. I have/had over 600 pages from Lexis Nexis. It was scary to go line by line and see just how much data was shared. Until this article i really never knew how to shut it off. I reached out to OnStar about 6 months ago and you’d of thought i was talking a foreign language to them. I’m curious to see the result of this. It lists things like miles driven, acceleration events, hard brake events, time of day/night driven, etc. If anyone has any questions I’d be happy to share more. Thankfully it’s a diesel pickup and driven like one, if I had a Z06 or something along those lines I can only imagine the data it’s sharing.
I just went into the My Chevy app. I did manage to find the on/off data collection option. It was in the ON position. I NEVER was given the opt-out option, but you can be sure GM has obfuscated the so-called “enrollment”. I NEVER had any knowledge of them collecting my driving data.
The default position is on. When the app updates, it may switch on even if previously you had it off.
Also, log in to your account on the chevy/caddy website and turn it off in your account settings there as well.
If you buy a new gm car, you will be heavily pressured to download the app during the buying process. Now you know why.
Just went into the myGMC app and did the same thing under “settings” the opt out/in must be buried in then fine print when you activate the OnStar and sign up for the app…nobody actually reads and scrolls through the full disclosures. I should call State Farm and see if this is why my rate went up $40/month for this 6 month policy term.
So, if I am not signed up for OnStar is it currently collecting and transmitting my driving data because of the initial free trial period after I purchased?
Carl like any smartphone it is tracking and logging everything regardless. It will send the data when it has a connection at all times. Phones even in a faraday pouch with everything turned off will also report everything back once they have a connection from anything. This is the sole reason gm is trying to move towards in house software and dropping android auto and apple car play. They couldn’t even bother to give you useful navigation prior to all this so your experience with it is on the back burner. I can’t even save over a handful locations in my navigation before it says full unlike Google Waze or other nav apps. All newer cars have been collecting data though. There is no alternative. Good to know that I have to pay extra because of arbitrary stats and not because I have no claims and accident free.
If you do not have an active onstar plan, you will not be enrolled in smart driver and your info won’t be given over to lexis for insurers to look at.
Is it still gathering data? Probably.
Burns you have to buy onstar when you buy a new car at least with buicks and likely Cadillac. It5’s part of the cars MSRP and package now. They folded the plans into the new car price. All prior new vehicles purchases included x amount of free onstar for x months. You also get a basic services connection no charge so it’s always connected in some manner even if you don’t keep any of the plans and pay for the subscription. This is on anything buick or caddy in the last decade.
Just got my new Cadillac. I saw I was enrolled in Smartdriver by default. I never gave consent.
You can opt out of ALL lexisNexis reporting here https://optout.lexisnexis.com/
GM, LEXIS NEXIS AND INSURANCE COMPANIES, should be sued to hell and back for this activity!!!!!!!!!!
He should have sued the dealer that enrolled him in the program. Good luck suing GM.
A friend of mine who recently bought a 2024 Cadillac CT5 BW declined signing up when he took delivery at the dealership. After seeing the subject discussed on the Blackwing Forum, he checked and sure enough found he was enrolled in it after all. Apparently, the only way to absolutely ensure your information isn’t being sold to LexisNexis is to pull the OnStar module or fuse.
FYI-
Trying to log in to mychevrolet to check my own account settings right now at 9:45am PDST on 3-19-24.
But their system simply freezes up once you enter your correct password.
Unable to access my account with mobile phone, tablet or computer.
I am having the same problem. Their system must be overloaded with people attempting to opt out of their Data Collection Practices.
Interesting thought: Is data still being collected even if you opt out? They can say we aren’t collecting anything, but you know how that goes.
GM claims they won’t send any driving information to the insurance companies, but they don’t directly sent the information – LexisNexis does, so your guess is as good as mine what information goes where, or if it is collected and stored on a server somewhere. I do not trust them. If GM was upfront from the start, they wouldn’t be getting sued, however, they backdoored everyone so why should I believe them now?
M. Burns, what you wrote here is not correct. As a OnStar knowledgeable person, who purchased a new vehicle this past June, I can tell you that I did accept the Trial plan only but did not accept the Smart Driver. I verified, because of this news, that indeed Smart Driver was enabled on my vehicle. I have now turned it off.
I wouldn’t trust that it doesn’t get mysteriously reactivated at some point. Apparently there are folks reporting just that even after doing what you’ve done.
How did I you check for Smart Driver enrollment and how did you turn it off? Thanks in advance.
Carl
Step One: Log Into your vehicle smartphone app (myChevrolet, myGMC, myBuick, or myCadillac) or the OnStar Website
Step Two: Click your name at the top right of the app or website.
Step Three: On the app- click “Settings” at the bottom of the expanded menu. On the website, click “account”
Step Four: On the app- click “OnStar Smart Driver” – On the website, click “Data & Privacy” then “OnStar Smart Driver” and “Manage Settings”
Step Five: On the app- toggle the “Allow OnStar Smart Driver” button to off – On the website, select “opt-out” for each vehicle you have an onstar account with.
Yes, good point, do NOT trust, verify it.
Good luck trying to opt out online. I have been trying all day. Click “Account” and you get the following message:
“This section of the site is temporarily unavailable.”
“Thank you for your patience as we do a little planned maintenance to keep it working its best for you.”
I still don’t trust them. I checked on my phone and Smart Driver was ON as well and I NEVER requested it. I turned it off but who knows if it’s really off??
I hope this turns into a Class Action Lawsuit. I don’t like the fact that my every move is tracked and recorded to possibly use against me at a later time. This is a blatant violation of our right to privacy. Technology is going to be the complete downfall of our society. This is only the beginning.
I own a 2018 Buick Regal GS. Can’t I just delete the myBuick App from my smartphone to turn off the OnStar drive smart feature?
No, the smart feature needs to be shut off using your smart phone, though I believe they are still able collect data about you. I am completely disconnecting my OnStar module. I’ve had enough of this Big Brother B.S.!!
I went into the wife’s myGMC account to check for this…it’s under Privacy and Settings. She is not enrolled.
When Tony Soprano got his Escalade he disconnected OnStar. If you are not using the service you may want to locate the module and pull the connectors, it will have several wire connectors and a couple coax cables.
I have a 22 Taheo and C8. I just did the right thing: uninstalling the My Chevy app by,by. I would never pay for OnStar, but they still notify me about my tire pressure results and service needs. So they are still tracking everyone even when you are not enrolled and paying them.
Yes, you need to completely disconnect the OnStar module to get rid of it. I have a ’23 Traverse that will soon be OnStar free. The Compass won’t work, so I am told, but it’s a small thing to forfeit for freedom from GM’s prying eyes.
And we were all worried China is spying on us.
Remember everyone. What constitutes “safe driving” can be defined however an insurance company wants. So even if you are a perfect driver by any real-world metric, you are likely a very unsafe driver by insurance company “standards”.
The real issue is that most companies are gathering tons of data on people. Purchasing habits, driving habits, browsing habits, etc. and it is being used to track, categorize, manipulate, and enslave everyone. Why do you think AI is so popular right not? It takes the data collection and manipulation to an even higher level.
“The program has saved drivers millions of dollars on auto insurance.” Yeah, I’d like to see the data on that. Go tell that to someone who has an above-room temperature IQ. Ask yourself why LexisNexis exists and why insurance companies are buying the data. It ain’t to lose revenue by charging their customers LESS.
I bought a 2024 Cadillac CT4V Blackwing back in December(different dealership). Salesman Bob messaged me multiple times after buying the vehicle to turn on the “complimentary” OnStar service by pushing the OnStar button once you’re in the vehicle. Similar to Snapshot discount with Progressive – I made sure this WAS NOT TURNED ON. 3 months later I read reports about your driving habits being tracked and sent to LexisNexis by OnStar – sure enough days after touching the inside OnStar button on my vehicle EVERY SINGLE TRIP is logged, recorded and sent to the insurance companies. How do I know? I downloaded my LexisNexis report and theres 268 trips logged noting hard braking, accelerations, high speeds, etc. Even the time logs of my driving, past family under insurance, etc. My Insurance rates and estimates have recently skyrocketed due to their “complimentary” OnStar service.
Who in America would ever buy a blackwing and sign up for these “Teledynamics” as they refer to it. Yall should be ashamed what you’re doing to us customers. If I could drop the car off on your front step and say laterrrrrr I would.
The sales rep is getting a commission from OnStar and OnStar gets paid from reporting to LexisNexis, and LexisNexis gets paid for giving that data to the insurance companies who then get to charge you more.
Tommy, how were you able to download your LexisNexis record? I hate to see mine but would rather know.
Thanks
just go to LEXISNEXIS.com and request a copy of your report – they mail you a CODE to pull up your report online through a website and you can download it form there.
THEY DONT MAIL YOUR LEXISNEXIS report likely due to stuff being lost in the mail
Tommy, I did request my driving information and LexisNexis sent me a letter with a link and password to access my data. I was shocked to see the amount of data they had on me. Not only my trip records for my 2019 and 2023 Traverses, but a lot of person data as well. It has every data point that the phone shows. I never agreed to any of this. I hope there is a class action suit against GM for releasing my personal data. If I had the money, I would do it myself. I just wonder why GM, who’s vehicles I’ve mostly owned since I started driving in 1971, did this to their customers. It just shows they don’t care about YOU the customer, but THEM ad how they can better their bottom line. It is pathetic at best!
I also requested that LexisNexis stop releasing my personal information – completely, and did receive another letter from them where they approved my request, but we shall see how that goes.
My insurance went up 25% this year. I called my agent and she just said everyone is getting rate increases. BULL!!! The big problem now is that the insurance companies have the information, so even if they stop receiving it, the insurers know our supposed bad driving habits. One big problem is that there is no location for the trip. I read that GM doesn’t release locations. So, last summer I drove through North Dakota, Montana and Idaho where the speed limit on I94 is 80 MPH. I have three days with me doing between 80 and 87 MPH, but the insurance company only knows I was driving at a high rate of speed. That information is there forever. GM screwed almost all of their customers. I pray this bites them in the “BUTT”. They deserve it.
Tommy: Did you have to touch the On Star button in your car. I’m investigating this issue and have heard many stories similar to your story. Was there a way to use your car without touching the On Star button?
Yes you were able to use the car without touching the button but salesmen are/were paid on a quota to get buyers to GET THEM to push the button.
My OnStar button wasn’t pushed for weeks but during that time the salesman messaged me multiple times to GET ME TO PUSH THE BUTTON.
A salesman texting (me) weeks after a purchase seemed odd when it first happened. Sure enough….it’s all making sense slowly overtime.
The SALSESMAN is the one who activated mine. Had I known this crap was going on I never would have let him touch it. I also have Navigation but haven’t activated it because I thought THAT was what would cause the tracking. It turns out there is nothing we can do stop it. Since GM opened this Pandora’s box, they should be forced to shut off this violation of privacy if we want it off.
Jonathan Lopez,
I believe you are wrong about that data being sold without a GM Customer actively accepting those terms.
The fact that the data is even being collected without my knowledge is enough to make me wish I had never bought the car.
As others have said the salesman is all to happy to jump in your new vehicle and set up the spying software carefully going through the steps at record pace so you do not see what is being turned on.
Add to that the fact I can not use the Navigation system that I bought and paid for unless I agree to and pay for a subscription to On Star spying software borders on Criminal activity in my humble opinion.
GM has crossed the line and is inflicting an invasion of our privacy and should be held accountable for same.
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