This week, Ken Paxton, the Texas Attorney General, filed suit against General Motors for alleged violations of the Texas Deceptive Trade Practices Act in collecting and selling drivers’ data to insurers without consumer consent.
In June, the Attorney General’s office announced an investigation into several car manufacturers for alleged collection of mass amounts of data and the later illegal sale of such data. General Motors is the first manufacturer to be hit with a lawsuit after the investigation began. The complaint alleges that in vehicle models 2015 and newer, technology is used to “collect, record, analyze, and transmit highly detailed driving data about each time a driver used their vehicle.” The complaint further alleges that this information was then sold to other companies to generate “driving scores.” Those driving scores were then sold to insurance companies. The complaint further alleges that General Motors “deceived” Texans by promoting enrollment in programs such as OnStar Smart Driver, which led to the consumer’s unknowing agreement to collect and share the data collected by their vehicle. As stated in the Attorney General’s report, “Despite lengthy and convoluted disclosures, General Motors never informed its customers of its actual conduct—the systematic collection and sale of their highly detailed driving data.” To read the filing, click here.