Class Action Lawsuit Alleges Kia Secretly Tracks, Sells Driver Behavior Data Without Consent
Vaughn v. Kia America, Inc. et al.
Filed: April 9, 2024 ◆§ 2:24-cv-01473
A class action accuses Kia of secretly collecting and selling to third parties consumers’ driving behavior data without their knowledge or consent.
Pennsylvania
A proposed class action lawsuit accuses Kia of secretly collecting and selling to third parties consumers’ driving behavior data without their knowledge or consent.
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According to the 23-page privacy lawsuit, the automaker has actively concealed that it tracks and transmits driver data collected through certain software and application features, such as Kia Connect, that have been installed in Kia vehicles since at least 2018.
The suit contends that although the company purports to use this software as a way to “enhance the driving experience,” the technology allows Kia to record a range of metrics about a consumer’s driving behavior, such as their vehicle’s average speed, the percentage of time it travels above 80 miles per hour, the frequency and force of acceleration or braking, and details about late-night driving.
The case charges that Kia then, unbeknownst to consumers, sells the captured data to third-party credit agencies or data analytics companies, such as co-defendant LexisNexis Risk Solutions. As the complaint tells it, these third parties, in turn, furnish drivers’ information to auto insurers, among others, who can use the data to increase quotes or insurance premiums.
“The net result is every entity in this clandestine series of transactions is profiting from the sale of drivers’ data, while drivers themselves not only do not see a penny from the sale of their own data, but often see their insurance quotes or premiums inexplicably go up,” the filing asserts.
Kia can track and share driving information regardless of whether the consumer consents, the lawsuit claims, adding that the automaker does not adequately inform drivers of its data tracking and selling practices.
“Nothing in Kia’s disclosures mentions that it will furnish or sell drivers’ driving performance data to third parties, let alone to third parties which, in turn, provide that data to automobile insurance companies, resulting in higher insurance quotes or premiums,” the suit argues.
The lawsuit looks to represent any drivers of Kia vehicles capable of supporting driver behavior tracking software whose data was recorded, furnished to third parties and/or obtained by LexisNexis, which, in turn, offered or furnished it to third parties.
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