— A GM OnStar class action lawsuit will continue in court, although with certain claims dismissed.
Multiple GM OnStar privacy lawsuits were filed after a report by the New York Times concluded General Motors was collecting vehicle and driver data and selling it, data that was used to increase insurance rates.
Additionally, General Motors and the Federal Trade Commission settled an OnStar lawsuit after the FTC accused GM and OnStar of selling data and driving behavior information to third parties, including consumer reporting agencies.
About 30 class actions were consolidated into one huge 627-page lawsuit titled, "IN RE: Consumer Vehicle Driving Data Tracking Litigation."
According to the class action, General Motors collected and transmitted driving data beginning with model year 2015 vehicles. The data were allegedly used to create detailed profiles about the drivers and their vehicles.
The initial OnStar Basic Plan came free with every 2015 vehicle purchase, providing "vehicle diagnostic reports, dealer maintenance notifications, and remote start and stop control for five years after their purchase at no additional charge."
The lawsuit claims this gave GM five years of driving data from the beginning.
Then came GM's Smart Driver program launched in 2016. GM purportedly uses this program to obtain data on every instance of hard braking, hard acceleration, driving without a seat belt, driving over 80 miles per hour, and late night driving.
The automaker allegedly collected the data each time a vehicle was started and transmitted it from the vehicle to GM’s servers using the cellular network.
The GM owners who sued complain they suffer from “emotional distress and mental anguish” due to GM's actions.
However, General Motors responded by arguing customers were informed about data sharing before they agreed to it.
The automaker told the judge if a customer enrolled in the Smart Driver program, that customer was told “information on driving events” would be collected, including “Hard Braking,” “Hard Acceleration,” “Distance Driven, [and] Late Night Driving.”
Vehicle owners allegedly consented to data collection by using OnStar, and GM argues if someone didn't read the terms of service the terms were still there. The automaker also complains allegations of "intercepting" communications are absurd because GM logically cannot “intercept” a communication to itself.
According to General Motors, claims it violated privacy should be dismissed because customers are driving in public and not “in seclusion.”
Judge Thomas Thrash ruled more than 40 claims against GM can continue in court. These include important Stored Communications Act, Fair Credit Reporting Act, and Federal Wiretap Act allegations which can proceed.
The judge also said invasion of privacy and unjust enrichment claims won't be dismissed at this stage of the massive litigation.
The GM OnStar class action lawsuit was filed in the U.S. District Court for the Northern District of Georgia (Atlanta Division): IN RE: Consumer Vehicle Driving Data Tracking Litigation, MDL No. 3115, Case No. 1:24-md-03115-TWT.
The consolidated class action originated with these GM data sharing and privacy class actions.
- Case 1:24-cv-02510 — Dinardo v. General Motors LLC et al
- Case 1:24-cv-02516 — Reed et al v. General Motors LLC et al
- Case 1:24-cv-02517 — Block et al v. General Motors, LLC et al
- Case 1:24-cv-02518 — Chicco v. General Motors LLC et al
- Case 1:24-cv-02553 — King et al v. General Motors LLC et al
- Case 1:24-cv-02565 — Clingerman et al v. General Motors LLC et al
- Case 1:24-cv-02574 — Alamorian v. General Motors LLC et al
- Case 1:24-cv-02671 — Haiden v. General Motors LLC et al
- Case 1:24-cv-02672 — Landman v. General Motors LLC et al
- Case 1:24-cv-02673 — Garcia, III v. General Motors LLC et al
- Case 1:24-cv-02681 — Behm v. General Motors LLC et al
- Case 1:24-cv-02698 — Parton v. General Motors LLC et al
- Case 1:24-cv-02701 — Valencia v. General Motors LLC et al
- Case 1:24-cv-02740 — Davids et al v. General Motors LLC et al
- Case 1:24-cv-02732 — Smith, Jr. v. General Motors, LLC et al
- Case 1:24-cv-02807 — Carnine et al v. General Motors LLC et al
- Case 1:24-cv-02808 — Cogle v. General Motors, LLC et al
- Case 1:24-cv-02809 — Lima v. General Motors LLC et al
- Case 1:24-cv-02810 — Laursen v. General Motors, LLC et al
- Case 1:24-cv-02811 — Drews et al v. General Motors LLC et al
- Case 1:24-cv-02812 — Martinez, Jr. et al v. General Motors, LLC et al
- Case 1:24-cv-02931 — Hindson v. General Motors LLC et al
- Case 1:24-cv-02937 — SMITH v. GENERAL MOTORS, LLC et al
- Case 1:24-cv-02946 — Horvath v. General Motors LLC et al
- Case 1:24-cv-03135 — Melberg v. General Motors LLC et a
- Case 1:24-cv-03277 — Cashon v. General Motors LLC et al
- Case 1:24-cv-05758 — Dinitz et al v. General Motors LLC et al