Cadillac owner's driving data was shared with insurers without his knowledge or consent, suit claims
A Florida driver alleges in a lawsuit that the sale of misleading driving data to insurers without his knowledge or permission violated consumer laws and his right to privacy. (Image from Shutterstock)
A Florida driver alleges in a lawsuit that the sale of misleading driving data to insurers without his knowledge or permission violated consumer laws and his right to privacy.
The would-be class action suit filed by Romeo Chicco says LexisNexis Risk Solutions violated the Fair Credit Reporting Act, while General Motors and OnStar violated Florida’s Deceptive and Unfair Trade Practices Act.
Chicco, a resident of Palm Beach County, Florida, filed the March 13 suit in the U.S. District Court for the Southern District of Florida.
The New York Times and the Insurance Journal have coverage.
Chicco’s suit says the agreement for his November 2021 purchase of a Cadillac XT6 in Delray Beach, Florida, made no mention of data sharing “or anything privacy-related.” He did download a MyCadillac app but did not click when an email offered OnStar’s safety and security coverage.
Chicco began to receive diagnostic emails from OnStar, but he thought that they were provided by his MyCadillac app. And nothing mentioned data sharing with third parties, his suit says.
In December 2023, Chicco was informed that his insurer no longer provided coverage to people in Florida. He then reached out to several insurers, and they all rejected him. Liberty Mutual informed Chicco that he was rejected because of information in his LexisNexis report.
The report showed that Chicco took 258 trips in his Cadillac, along with details of speeding, hard braking and quick acceleration, according to the New York Times.
Chicco finally found insurance, but he had to pay nearly double the price.
Chicco “is informed and believes that General Motors and OnStar sold and/or shared plaintiff’s driving data without his knowledge or consent,” the suit says.
A General Motors spokeswoman told the New York Times that it was reviewing the complaint and had no comment. The spokeswoman previously told the publication that customers enroll in a Smart Driver program on the car app or at the dealership. A clause in the OnStar privacy statement reveals that driver data may be shared, she said.
LexisNexis Risk Solutions declined to comment when reached by the New York Times.
