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A driver watches his dash for information while his passenger looks on. Alfonso Soler / Shutterstock

Michigan man asked a data broker for his file and got 200 pages on his GM car trips. Now the automaker will pay $220M

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Cases where companies and other entities are held accountable for their misuse of people’s information are encouraging, though. Surprisingly, despite the lack of comprehensive privacy laws at the federal level, they can lead to big payouts for those involved.

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General Motors, for one, just had to pay a whopping $220 million for logging and then selling valuable driver data — without drivers’ knowledge or consent — to data brokerages, which later sold it to insurance companies.

Some feel the tracking was akin to outright “spying” and “scary levels of surveillance”.

Hundreds of pages of granular driving data saved

One Michigan man, Ryan Bates, managed to get more than 200 pages of his own driving data, which had been documented and retained by his car through OnStar. It was then sold to data brokerage LexisNexis, and he’s still in the dark about who exactly — insurance companies included — may have acquired it thereafter.

The report outlined specific details, such as every time he “braked a little bit” or “accelerated a little fast.” It was so detailed that it had him wondering “who owns who … do I own the car, or does the car own me?”

“When the car’s selling this much information to a data broker, it’s like I’m the product,” he added.

The legal case against GM was launched by 36 attorneys general, representing drivers in their respective states. According to an Oct. 29 release from one of those involved, driver stats were sold to insurance companies, impacting customers’ policies.

“[GM] illegally sold consumers’ private driver behavior data and location information to third parties, including data brokers, who then sold the data to insurance companies. For many consumers, this data was used by insurance companies in part to set insurance rates,” the Washington Attorney General’s office wrote.

The release added that some drivers were also signed up for Smart Driver, an integrated program that OnStar uses to track driver habits, either unknowingly or without consenting to the full terms and conditions.

“GM used one sign-up process for drivers to enroll in Smart Driver along with OnStar services,” the release stated. “In many cases, dealership employees allegedly accepted terms and conditions on behalf of customers without their consent.”

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Drivers allege they were unknowingly tracked through OnStar

While Bates had been enrolled in OnStar when he purchased his 2023 Chevy Bolt EUV, others who have cancelled or did not register for the OnStar service have claimed in online forums that they’ve received up-to-date driver reports indicating their habits.

The Washington Attorney General acknowledged it in its announcement that “GM’s own systems failed to notify drivers about whether their data was being tracked.”

It cited more than 370,000 cases of the OnStar app “mistakenly telling drivers that they were not enrolled in Smart Driver, when they actually were enrolled and GM was collecting and selling their data.”

Moneywise reached out to GM for comment, but has yet to receive a response by the time of publication.

The auto giant did announce in 2024 that it was cancelling partnerships with LexisNexis and discontinuing Smart Driver, which was created to “promote safer driving behavior for the benefit of customers who chose to participate.”

All data sharing with third-party brokerages ended on March 20 of that year, with the company vowing to strengthen privacy practices at the request of customers.

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Becky Robertson Sr. Staff Reporter

Becky Robertson is a senior staff reporter at Moneywise and a lifelong writer. Along with more than a decade covering news at outlets like blogTO and Quill & Quire, she's attended writing residencies around the world. With 33 countries visited, she finds travel to be among her greatest inspirations.

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