ABA Journal
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.
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