GM OnStar Lawsuit

General Motors OnStar Lawsuit Overview

OnStar is a subsidiary of General Motors, which provides a variety of in-vehicle services, including automatic crash response, roadside assistance, stolen vehicle tracking, navigation and other connectivity features.

The OnStar Smart Driver service has been integrated into millions of GM vehicles since 2016, including GMC, Chevrolet, Buick, and Cadillac models. It has been heavily advertised as a safety feature that allows owners to access a variety of services through a vehicle-mounted button, voice commands, or a mobile app.

However, information surfaced in early 2024,  which revealed that General Motors and OnStar have been secretly collecting customer data, such as acceleration, hard braking events, and GPS data without consent.  This private information was then sold to LexisNexis Risk Solutions and Verisk Analytics, both of which are major data analytics companies that then sold the driver data to insurance companies.

OnStar class action lawsuits and individual arbitration claims are now being pursued by General Motors vehicle owners and lessees that claim their driving data was collected and sold to third parties, which has been used by automobile insurance providers to negatively influence premiums.

Who Can Join the GM Class Action Lawsuit?

Financial compensation may be available through a GM OnStar lawsuit settlement for individuals who purchased or leased any of the following General Motors vehicles that were equipped with OnStar Smart Driver service:

• Chevrolet
• Buick
• GMC
• Cadillac

To determine if you qualify for a GM OnStar lawsuit, submit information for review by a lawyer, who will evaluate the circumstances of your potential claim. There are no fees or expenses paid unless a settlement or lawsuit payout is received.

2024 GM OnStar Lawsuit Updates

• November 1, 2024 Update: Judge Thrash issued a case management order on Thursday, setting forth a timeline to address issues common across all General Motors OnStar lawsuits. The order includes key dates such as a deadline for a Master Consolidated Complaint by December 13 and subsequent phases like proposed discovery and motions to dismiss, culminating with the commencement of fact discovery by mid-2025, expected to extend through at least 2026.
• October 19, 2024 Update: At a Consumer Vehicle Driving Data Tracking Litigation status conference held yesterday, the parties discussed a proposed Joint Report and Discovery Plan, outlining timelines and strategies for advancing the cases. Preliminary discovery issues, including document preservation and initial discovery orders, were reviewed, along with early discovery requests by plaintiffs and considerations on jurisdiction and arbitration for efficient case management.
• June 7, 2024 Update: In response to the motion, the JPML issued a transfer order (PDF) on June 6, 2024, centralizing the claims in the Northern District of Georgia before the Honorable Thomas W. Thrash, Jr. as part of a Consumer Vehicle Driving Data Tracking Litigation (MDL No. 3115). The JPML indicated that at the time the order was issued, at least 27 individual and class action OnStar data collection lawsuits had been filed across more than five districts.
• April 25, 2024 Update: GM issued a press statement yesterday, announcing the full discontinuation of its OnStar technology and the termination of its partnerships with data firms LexisNexis and Verisk.
• April 6, 2024 Update: Multiple GM OnStar class action lawsuits have been filed against the auto maker, OnStar, Lexis and Verisk in recent weeks over the companies driving data collection and sharing policies. As a result, one of the plaintiffs, Jariya Thongsawang filed motion to transfer (PDF) on April 5, asking the U.S. Judicial Panel on Multidistrict Litigation to centralize the claims before one judge for pretrial proceedings in either the Central District of California or the Eastern District of Michigan, where most of the claims at the time had been filed.
• March 22, 2024 Update: The New York Times has reported that General Motors has been sharing driver data collected by the in-vehicle OnStar Smart Driver service equipped in millions of GMC, Chevrolet, Buick and Cadillac vehicles. The report indicates that this data was collected without driver consent, and has been shared with insurance companies, potentially influencing auto insurance rates for GM customers.

General Motors Admits to Collecting and Sharing Driver Data

On March 20, 2024, General Motors (GM) issued a press release confirming it had been collecting driver data and sharing it with third-party data analytics companies, including LexisNexis and Verisk Analytics. GM stated it would end these partnerships following customer concerns over privacy issues related to the data collected by its OnStar Smart Driver program.

The data-sharing arrangement, which included information such as acceleration, braking, speed, and location details, allegedly impacted insurance rates, often without clear customer consent.

Facing scrutiny, GM announced it would not only terminate these third-party partnerships but also discontinue the OnStar Smart Driver program across its fleet, and would also begin unenrolling customers over the coming weeks.

What Driver Behavior Data did OnStar Smart Driver Collect?

Lawsuits claim that the General Motors OnStar Smart Driver App acted as an internal tracking device that recorded the personal driving behavior of over 8 million drivers, which was then sold to insurance companies. Driving behaviors monitored, collected and sold by GM’s OnStar Smart Driver app included:

Who Purchased Driving Data from General Motors?

General Motors (GM) and OnStar sold the collected driving data to LexisNexis Risk Solutions and Verisk Analytics. These companies, in turn, provided the data to various automobile insurance companies.

While the specific names of these insurance companies have not been listed in complaints, it is implied that the scope of the data sale could potentially impact millions of drivers, indicating that major insurers might be involved in utilizing this data to adjust insurance premiums.

Impact on GM Vehicle Owners

The alleged data sharing practices of General Motors and OnStar have significant implications for GM vehicle owners, with many reporting increased auto insurance premiums.  In some cases, the insurance rate increases for GM vehicle owners were as high as 25%.

This is because the data collected by OnStar, including driver behavior data, is being used by insurance companies to determine risk scores and adjust premiums accordingly.

Furthermore, some owners have reported difficulties in obtaining car insurance due to the data sharing practices.

Is There An OnStar Class Action Lawsuit?

Yes, multiple GM OnStar class action lawsuits have been filed against General Motors, OnStar, LexisNexis Risk Solutions and Verisk Analytics over the companies collection of sensitive driver data.

Given the common questions of fact and law raised in each of the GM OnStar class action lawsuits nationwide, a motion to centralize the claims was filed in April 2024, requesting that the U.S. Judicial Panel on Multidistrict Litigation consolidate these cases for pretrial proceedings in either the Central District of California or the Eastern District of Michigan as potential venues, where most cases were initially filed.

On June 6, the JPML issued a ruling to centralize the cases in a Georgia federal court as part of a Consumer Vehicle Driving Data Tracking Litigation (MDL No. 3115), where Judge Thomas W. Thrash, Jr. was assigned to oversee the litigation.

Allegations Raised in GM OnStar Lawsuits

In many of the General Motors class action lawsuits filed to date, individuals are raising similar allegations against the companies, including;

• Violation of Fair Credit Reporting Act (“FCRA”): Lawsuits allege that LexisNexis and Verisk, acting as consumer reporting agencies, prepared inaccurate consumer reports with driver behavior data from GM and OnStar, violating the FCRA’s accuracy requirements.
• Unjust Enrichment: Lawsuits claim that GM, OnStar, and LexisNexis unjustly enriched themselves by exploiting personal driving data for commercial gain, at the cost of individual privacy and financial interests.
• Violation of the Federal Wiretap Act: The lawsuits allege that GM and OnStar illegally intercepted vehicle owners’ electronic communications without consent by using data collection capabilities in their vehicles, a direct violation of the Federal Wiretap Act.
• Invasion of Privacy: Lawsuits claim that GM and OnStar’s collection, storage, and disclosure of sensitive driving data without drivers’ consent constitutes an invasion of privacy, involving the public disclosure of private facts and intrusion upon seclusion.

Examples of GM OnStar Class Action Lawsuits

OnStar Class Action Lawsuit

Richard Cashon filed an OnStar class action lawsuit against General Motors LLC, OnStar, LexisNexis Risk Solutions and Verisk in the U.S. District Court District of South Carolina on July 7, 2024, indicating the companies secretly collected driving data through his vehicle’s OnStar system without his knowledge or consent. This data was then used by his insurance company to evaluate his risk as a driver, resulting in an upward adjustment of his premiums.

Cashon claims he experienced several increases in his vehicle’s insurance premiums after purchasing the vehicle, without any corresponding claims or adverse incidents on his part, which would typically justify such hikes. These increases occurred semi-annually and totaled over $273 within a year and a half.

The GM OnStar lawsuit seeks class action status, to pursue damages on behalf of all individuals throughout the United States who owned or leased a GM manufactured vehicle, and had their driving data collected and shared with a third party without their consent.

What Damages Could I Collect From a GM OnStar Lawsuit Settlement?

Individuals pursuing individual arbitration claims or participating in GM OnStar class action lawsuits seek various forms of compensation and legal remedies, due to alleged improper data collection practices, including:

• Actual Damages: Compensation for the actual losses suffered due to the alleged violations, such as increased insurance premiums resulting from the misuse of their driving data.
• Statutory Damages: Fixed amounts provided for under laws such as the Fair Credit Reporting Act (FCRA) and the Federal Wiretap Act, which can be claimed without needing to prove actual damages.
• Punitive Damages: Intended to punish the defendants (GM, OnStar, LexisNexis, and Verisk) for their alleged willful or egregious misconduct and to deter similar future behavior.
• Injunctive Relief: Court orders requiring the defendants to stop certain practices, such as the further collection and sale of driving data without consent. This may also include orders to delete all improperly collected data.
• Restitution: A form of reimbursement where defendants may be required to pay back any profits made from the alleged misuse of the driving data to the affected individuals.
• Legal Fees and Costs: Compensation for the legal expenses incurred by the plaintiffs in bringing the lawsuit.
• Declaratory Relief: A court declaration regarding the rights of the parties, confirming that the defendants’ actions were unlawful.

Contact a GM OnStar Class Action Lawyer

GM OnStar lawyers provide free consultations and claim evaluations for individuals who had their driving data collected and sold to third party companies.

How to join the GM class action lawsuit?

To determine whether you or a loved one may be eligible for a GM OnStar class action lawsuit settlement, submit information about your potential claim for review by a lawyer by filling out the form below. There are no fees or expenses unless a recovery is obtained in your case.