Was Your Driving Data Illegally Shared? Attorneys Investigate Hyundai and General Motors

Attorneys working with ClassAction.org are looking into possible legal action over concerns that Hyundai and General Motors may have violated state privacy laws by collecting and sharing customers’ driving data without permission.

Specifically, they believe the automakers may use their respective connected car service to secretly transmit details about customers’ driving habits to data brokers. It’s possible that the third parties may then compile this information into reports used by insurance companies to set drivers’ rates and premiums.

How Could the Automakers Be Sharing Data with Third Parties?

Many newer vehicles come equipped with connected car services that offer a range of features, including telematic systems. These systems can be used to monitor driving activities such as acceleration, speed, braking patterns and more.

In this case, attorneys are looking into whether Hyundai and GM use their proprietary connected services—Bluelink and OnStar Smart Driver, respectively—to collect and share customers’ driving behavior data without their knowledge or consent.

Specifically, the attorneys suspect that Bluelink and OnStar may secretly record information like drivers’ vehicle identification numbers, details about any acceleration, hard brake, or high-speed events, the state of their seat belt switch, and data about their throttle position and engine RPM.

Some insurance plans are usage based, meaning drivers opt to share this type of data with their insurers in the hopes of being rewarded with lower premiums due to safe driving. The attorneys believe that the Bluelink and OnStar systems could be transmitting this data regardless of whether drivers have opted for one of these plans.

They believe the automakers may furnish driver’s performance data to companies like LexisNexis and Verisk, which include this information in consumer reports that insurance companies use to make risk assessments and charge customers accordingly. This means that Hyundai and GM drivers may be forced to pay higher premiums if unfavorable driving information about them is exposed.

Attorneys believe the automakers’ suspected data-sharing practices may violate certain state privacy laws, which prohibit the disclosure of consumers’ personal information without authorization.

What Am I Signing Up For? Is This a Lawsuit?

You are not signing up for a lawsuit, but rather a process known as mass arbitration. This is a relatively new legal technique that, like a class action lawsuit, allows a large group of people to take action and seek compensation from a company over an alleged wrongdoing. Here is a quick explanation of mass arbitration from our blog:

[M]ass arbitration occurs when hundreds or thousands of consumers file individual arbitration claims against the same company over the same issue at the same time. The aim of a mass arbitration proceeding is to grant relief on a large scale (similar to a class action lawsuit) for those who sign up.”

Some companies’ terms of use may contain a class action waiver and/or arbitration clause requiring website users to resolve disputes via arbitration, a form of alternative dispute resolution that takes place outside of court before a neutral arbitrator, as opposed to a judge or jury. It’s for this reason that attorneys working with ClassAction.org have decided to handle these matters as mass arbitrations rather than class action lawsuits.

How Much Does This Cost?

It costs nothing to sign up, and you’ll only need to pay if the attorneys win money on your behalf. Their payment will come as a percentage of your award.

If they don’t win your claim, you don’t pay.

How Much Money Could I Get?

There are no guarantees as to how much money you could get or whether your claim will be successful. However, certain states’ privacy laws stipulate that consumers could be owed anywhere from $100 to $5,000 for violations.

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