FTC Eyes GM OnStar Deal: Public Gets Say on Car Tech Fairness
Published Date: 1/30/2025
Notice
Summary
The Federal Trade Commission is reviewing a deal with General Motors and OnStar to stop unfair or misleading business practices. This agreement affects GM and OnStar and aims to protect customers by making sure they play fair. People have until March 3, 2025, to share their thoughts before the deal is final.
Analyzed Economic Effects
12 provisions identified: 12 benefits, 0 costs, 0 mixed.
Five‑Year Ban on Sharing With CRAs
Under the Proposed Order, General Motors and OnStar are prohibited for five years from sharing certain precise geolocation and driver behavior data with consumer reporting agencies. This stops GM and OnStar from supplying that information for insurance-related consumer reports for the next five years.
Affirmative Express Consent Required
The Proposed Order requires GM and OnStar to get consumers' affirmative express consent before collecting, using, or sharing certain precise geolocation and driver behavior data. Consent must be obtained prior to collection, use, or sharing except for listed carve-outs (e.g., emergencies, safety research, diagnostics).
Delete Past Data Collected Without Consent
GM and OnStar must delete certain geolocation and driver behavior data previously collected without consumers' affirmative express consent, though they may seek consumers' affirmative express consent to retain it. Exceptions include safety, warranties, diagnostics/prognostics, legal/regulatory requirements, and research and development.
Require Third Parties To Delete Shared Data
GM and OnStar must request that third parties with whom they previously shared certain geolocation and driver behavior data delete that data and must stop further sharing with third parties that fail to respond to such requests.
Full Opt‑Out Of Data Collection (With Narrow Exclusions)
The Proposed Order gives consumers the ability to fully opt out of collection of all data, with narrow exclusions for consumer-initiated communication, safety, and over‑the‑air updates. This full opt‑out option is described as unique to the Proposed Order.
Right To Withhold or Withdraw Consent
The Proposed Order requires GM and OnStar to let consumers withhold or later withdraw their affirmative express consent to collection, use, and sharing of certain geolocation and driver behavior data. Consumers will be able to change their consent choices after initially responding.
Limit Data Collection To Necessary Uses
GM and OnStar must limit their collection of geolocation and driver behavior data to what is reasonably necessary to fulfill the specific purpose for which the data was collected. Data collection should match the stated purpose.
Access and Deletion Requests By Consumers
The Proposed Order requires GM and OnStar to give consumers the ability to request a copy of their geolocation and driver behavior data and to request that such data be deleted. Consumers can obtain and ask for removal of the data that GM/OnStar hold about them.
Ability To Disable Precise Geolocation Collection
The Proposed Order requires GM and OnStar to ensure consumers can disable collection of precise geolocation data from their vehicles, subject to exceptions for emergency response and consumer-initiated requests. Consumers will be able to turn off precise location tracking in their vehicles except in those limited situations.
Order Stays In Force For 20 Years
The Proposed Order would remain in effect for 20 years, with certain exceptions. This sets the duration during which the injunctive privacy and consent requirements would apply to GM and OnStar if the Order is finalized.
Retention Schedules Tied To Purpose
The Proposed Order requires GM and OnStar to create retention schedules for collected geolocation and driver behavior data that are tied to the collection purpose, business need, and deletion timeframe. Data must be retained only as long as justified by the purpose.
Ban On Misrepresentations About Data Practices
The Proposed Order prohibits GM and OnStar from misrepresenting information about their collection, use, sharing, and deletion of consumers' geolocation and driver behavior data. They may not make false or misleading statements about these practices.
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Key Dates
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