GM Agrees to $220 Million Settlement With States Over Alleged Sale of Drivers' Smart Driver Data

If you drove a GM vehicle with OnStar, your driving habits may have been tracked and sold without your clear knowledge. Attorneys general in 35 states and the District of Columbia say that is what happened through GM's Smart Driver program.

From 2016 to 2024, GM enrolled millions of drivers in Smart Driver. GM promoted it as a tool to help you drive more safely. The states allege that GM sold the data to data brokers, who then sold it to insurance companies. The data included how often you drove, when your trips started and ended, hard braking, quick acceleration, and speeding. Some drivers allegedly saw their insurance rates go up as a result.

The states also allege that dealership employees often accepted the enrollment terms for customers without asking them. GM's OnStar app allegedly told more than 370,000 drivers they were not enrolled in Smart Driver when they actually were. GM later unenrolled those drivers without telling them their data had already been sold. GM has not admitted to any wrongdoing.

GM has agreed to pay $220 million. That money goes to the states, not directly to drivers. Each state decides how to use its share, for example to cover enforcement costs. Some states, such as Colorado, may use part of their share for restitution, but no restitution program has been announced.

The settlement does give you new rights. GM must get your clear, separate consent before it collects your driving or location data or shares it with others. It must also tell you plainly when your data could be used for usage-based insurance. GM must let you request deletion of your driving data and get a copy of it, along with a list of the types of companies it was shared with. Within 180 days of the effective date, GM must also delete most driving data it kept from before January 16, 2025, unless you agree to let it keep that data.

For now, you don't need to file a claim, because there is no claim process. GM is required to email notices to people enrolled in OnStar from January 1, 2018 onward explaining how to request deletion or a copy of their data. Watch your inbox for that notice. The settlement does not create or take away any right you may have to bring your own legal claim.