Montana Attorney General Austin Knudsen is pursuing what he calls alleged “deceptive practices” by General Motors (GM), claiming the automaker and its OnStar service “unlawfully collected, used, and sold” driving data from 14 million customers.
In the lawsuit filed on October 16, the state says that “Beginning in 2015, GM installed technology in its vehicles that it advertised as improving the safety, functionality, and operability,” but also collected vehicle usage data.
It says that data included vehicle speed, driver seat belt status, hard acceleration and braking and GPS locations, among other information. It allegedly sold the info to data brokers, who then sold it to “insurance carriers who used it to increase consumers’ rates.”
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“GM turned a perennial symbol of American freedom and autonomy — the automobile — into Big Brother on wheels,” the lawsuit claims, adding that GM’s “onboarding” of new customers followed a “deceptively designed sales flow” that ensured customers were “unwittingly” enrolled “in GM’s Driving Data collection scheme.”
The lawsuit doesn’t say how much the alleged sale of driver data caused individual insurance rates to rise. When asked to clarify a dollar amount, the Montana Department of Justice referred Moneywise to their official press release, which doesn’t contain that information.
Meanwhile, a GM spokesperson told Moneywise that “GM remains committed to protecting consumers’ privacy, and we are reviewing the complaint about the [OnStar] Smart Driver program, which was discontinued in 2024.”
When privacy takes a back seat, insurance premiums can jump
Texas Attorney General Ken Paxton launched a similar suit against GM in 2024. In January 2026, GM and the FTC finalized an order to settle the company’s “egregious betrayal of consumers’ trust”. They allegedly compiled and sold their driving data “without adequately notifying consumers and obtaining their affirmative consent.”
As part of the order, GM agreed to a five-year ban on sharing driver data with consumer reporting agencies and, for the next 20 years, must get “affirmative express consent from consumers” before collecting or sharing it. They must also allow consumers to obtain copies of the data, delete it and opt out of the collection process if desired.
Data tracking in the auto world is known as “telematics” or usage-based insurance (UBI). Loretta Worters, of the Insurance Information Institute, told Moneywise that many insurers offer it to customers in exchange for potentially (but not always) lower premiums.
She said “insurance companies may use driving behavior data to better understand a motorist’s risk profile,” including “mileage, driving frequency, hard braking, rapid acceleration and other driving patterns that may be associated with the likelihood of an accident.”
Worters added that transparency about its collection and use “is essential to maintaining consumer trust.”
A 2025 Consumer Reports (CR) survey found that the median annual savings for telematics users was $120, while a separate CR investigation referenced the GM and FTC order and found that “nearly every automaker that sells cars in the U.S. is similarly collecting and sharing so-called ‘driver behavior data’ with other companies and continues to do so.”
They warned that “you may agree [to data collection] without knowing you’ve done so” because the permissions can be buried in the privacy policy and consent forms customers sign after buying a vehicle.
Michael DeLong, a Research and Advocacy Associate with the Consumer Federation of America, told Moneywise that insurers could use such data to “hike drivers’ rates in a number of ways.” He pointed to GM collecting hard braking data, which is “one of the factors used in telematics, so companies would hike rates on people who have high incidences of hard braking.” GM, he said, also “collected data on driving over 80 miles per hour, so companies would increase your premium based on that.” He also warned that GPS coordinates showing where you’re driving could also lead to rate increases.
One 2024 consumer privacy class-action lawsuit, Carnine v. General Motors LLC, alleged that “Plaintiff Carnine saw his insurance premiums more than double in the past 18 months, and his premiums are now approximately $8,000 per year” despite having “no accidents, tickets, or insurance claims in the past five years.” It blamed “GM’s wrongful sharing of driver data, including erroneous and inaccurate data” for the hike.
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How to avoid being asleep at the wheel with driving data
Consumer rights attorney Amy Ginsburg, of the Ginsburg Law Group, P.C., told Moneywise that the “U.S. has no single federal privacy law that covers car data,” so the question of where to draw the line on data sharing consent “comes from a patchwork of laws.”
“Signing a stack of documents doesn’t automatically count” as “real consent,” she said, adding that regulators and courts want to know if the disclosure “was clear and specific” and that the consumer had both an understanding of the policy and choice in consenting.
Ginsburg said drivers who want to protect their rates and/or privacy can ask their automaker to disable any data tracking they don’t want, request their driving data from companies that compile it or reach out to the Consumer Financial Protection Bureau (CFPB) for “a list of specialty consumer reporting companies.”
She also advised disputing errors on any data reporting that shows incorrect information about your driving record, checking your vehicle’s settings and any connected apps or accounts and taking extra precautions at the dealership when reading paperwork and activating connected services. For those who want telematics to potentially lower insurance costs, Ginsburg said to sign up directly with your insurer.
She suggested keeping insurance company letters, particularly when an insurer “raises your rate, cancels your policy or denies coverage based even partly on a consumer report,” as federal law generally requires them to include the name of the company that reported your data.
“That notice,” she added, “is your road map.”
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Mike Crisolago is a Sr. Staff Reporter at Moneywise with nearly 20 years of experience working as a journalist, editor, content strategist and podcast host. He specializes in personal finance writing related to the 50-plus demographic and retirement, as well as politics and lifestyle content.
