Federal Judge Preserves Key Wiretap and Privacy Claims Over Alleged Unauthorized Collection and Sale of Driver Data
ATLANTA — A federal judge has allowed core claims to proceed in nationwide litigation alleging that General Motors, OnStar, LexisNexis Risk Solutions, and Verisk secretly collected, shared, and monetized consumers’ driving data without proper consent.
In a 200-plus page order issued April 22, 2026, U.S. District Judge Thomas Thrash largely denied defendants’ efforts to dismiss federal wiretap and privacy claims, finding that plaintiffs plausibly alleged that GM and OnStar used connected vehicle technology to collect sensitive driving information and transmit it to third-party data brokers.
The consolidated lawsuit alleges that GM and OnStar collected detailed driving data—including acceleration, braking, speed, distance traveled, and vehicle identification numbers—and shared that information with LexisNexis, Verisk, and other third parties. Not only did consumers have their privacy violated, but their information was monetized without their consent, and—for some drivers—they later faced increased car insurance premiums without knowing their personal driving data had been collected, sold, or used against them.
The court allowed plaintiffs’ claims under the Federal Wiretap Act and Stored Communications Act to move forward, along with claims for unjust enrichment and portions of plaintiffs’ invasion of privacy, civil conspiracy, and Fair Credit Reporting Act claims.
“Your car should not be a tool for corporate surveillance,” said DiCello Levitt Partner Amy Keller, who chairs the firm’s Privacy, Technology, and Cybersecurity practice. “This ruling is an important step forward for consumers who allege that GM and OnStar secretly collected and sold their private driving data without their knowledge or consent. Companies should not be allowed to turn sensitive vehicle data into a revenue stream while leaving consumers in the dark.”
Keller serves in a court-appointed leadership role as OnStar Track Co-Lead Counsel in the multidistrict litigation. The case is In re: Consumer Vehicle Driving Data Tracking Litigation, No. 1:24-md-03115, in the U.S. District Court for the Northern District of Georgia. The DiCello Levitt team is led by Amy Keller and includes James Ulwick, Ellen Teuscher, and Maggie Sposato.
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