Your Car Was Watching You.
GM Was Selling What It Saw.
California's Record $12.75 Million CCPA Settlement Changed the Rules for Every Business That Collects Consumer Data.
For four years, General Motors collected the precise location and driving behavior of hundreds of thousands of California drivers through its OnStar connected vehicle service — then sold that data to insurance data brokers, without adequate notice and without consent. The May 2026 settlement is the largest CCPA penalty in California history, and the first to enforce the law's data minimization principle. What it means goes far beyond the auto industry.
Case at a Glance
- What GM did
- Collected precise geolocation and driving behavior data from OnStar subscribers, retained it after its operational purpose ended, then sold it to LexisNexis and Verisk Analytics
- What it was used for
- LexisNexis and Verisk used the data to build driver-risk scores, which insurance companies used to set — and in some cases raise — subscriber insurance premiums
- What GM told customers
- GM affirmatively told OnStar subscribers their driving data would only be used for OnStar services and would not be sold — a representation regulators called deceptive
- How much GM made
- Approximately $20 million nationally from data sales to LexisNexis and Verisk between 2020 and 2024
OnStar, Driving Data, and a Business Model Customers Didn't Know About
OnStar launched in 1996 as a safety service — a button on the rearview mirror that connected drivers to live advisors who could call emergency services, unlock a stolen vehicle, or provide turn-by-turn navigation. By 2020, the service had evolved substantially. Modern OnStar-equipped vehicles were streaming continuous data: precise GPS location, speed readings, hard braking events, rapid acceleration, and other granular driving metrics — all of it flowing in real time from sensors embedded throughout the vehicle to GM's servers.1
GM's privacy disclosures told customers that their data would be used to provide OnStar services. Roadside assistance. Emergency response. Stolen vehicle recovery. Navigation. The disclosures were not entirely false — the data did power those services. What they did not say was that beginning in 2020, GM was also selling that same data — names, contact information, precise geolocation, and driving behavior metrics — to two companies: LexisNexis Risk Solutions and Verisk Analytics.2
LexisNexis and Verisk are not data companies in the general sense. They are consumer reporting agencies whose products are used by the insurance industry to assess risk. The driving data GM sold them was being incorporated into driver-risk scores — scores that auto insurance companies were using to set premium rates. In some cases, drivers were seeing their insurance rates increase based on data their car had collected without their knowledge and shared without their consent.3
The New York Times Report That Changed Everything
In early 2024, the New York Times reported that automakers — including GM — were sharing consumers' driving behavior with insurance companies. The reporting named specific drivers who had seen their rates increase and traced the data trail from vehicle sensors to insurer underwriting systems. The report triggered immediate responses from regulators across the country.
California's Department of Justice, already conducting privacy investigations of connected vehicle manufacturers, partnered with the District Attorneys of Los Angeles, San Francisco, Napa, and Sonoma Counties, and with support from the California Privacy Protection Agency, launched a formal investigation into GM's data practices. What they found formed the basis of the May 2026 enforcement action.4
Collection — Vehicle Sensors to GM Servers
OnStar-equipped vehicles continuously streamed data to GM's servers: precise GPS location, speed, hard braking events, rapid acceleration, and other driving metrics. Drivers enrolled in OnStar subscribed for safety and navigation services. Most had no knowledge that their driving behavior was being recorded at this level of detail.
Retention Beyond Operational Purpose
California's CPRA, effective January 2023, requires businesses to delete personal data when it is no longer needed for the purpose for which it was collected. GM retained driving and location data long after it had served its operational purpose of providing OnStar services — stockpiling a dataset that became the product it would sell.
Sale Without Consent — GM to LexisNexis and Verisk
Beginning in 2020, GM sold driver names, contact information, geolocation data, and driving behavior records to LexisNexis Risk Solutions and Verisk Analytics. No adequate notice was provided. No meaningful consent was obtained. GM's own disclosures told customers their data would only be used for OnStar services. Approximately $20 million was generated from these sales nationally.
Driver Risk Scoring — LexisNexis and Verisk to Insurers
LexisNexis and Verisk incorporated the driving data into proprietary risk-scoring products sold to auto insurance companies. Insurers used these scores to set — and in some cases increase — premium rates for drivers who had no idea their OnStar subscription was feeding an insurance underwriting system.
The Deception — What GM Said vs. What GM Did
California's complaint alleged that GM affirmatively told OnStar subscribers their driving data would not be sold and would only be used for OnStar services. The California Attorney General framed this not merely as a CCPA notice failure but as consumer fraud under California's Unfair Competition Law — a characterization that significantly expands the liability exposure of any business that makes privacy representations it does not honor.
What Laws Were Violated — and Why the Combination Matters
The GM enforcement action was not a single-theory case. The California Attorney General alleged violations of three separate bodies of California law, and the combination is instructive for any business operating in California that collects and shares consumer data.
CCPA/CPRA
Civil Code § 1798.100 et seq.
CCPA Opt-Out
Civil Code § 1798.120
Cal. UCL
Bus. & Prof. Code § 17200
False Advertising
Bus. & Prof. Code § 17500
What the $12.75 Million Settlement Required
The size of the penalty reflects both the scale of GM's data practices and the multi-agency enforcement coalition. But the injunctive terms of the settlement — the behavioral changes GM was required to make — are in many ways more significant for understanding what California expects from businesses that collect and monetize consumer data.
The Two New CCPA Principles That Made This Case — and Why They Apply to Every Business
The GM settlement is the California Attorney General's first enforcement action specifically targeting the data minimization and purpose limitation requirements added to the CCPA by the California Privacy Rights Act, which took effect January 1, 2023. These principles were already in the statute — but until GM, no enforcement action had tested them. Now they have weight.
The Four CCPA/CPRA Principles at the Center of the GM Case
Civil Code § 1798.100(c)
Data Minimization
Businesses must limit collection, use, retention, and sharing of personal information to what is reasonably necessary and proportionate to the disclosed purpose. Collecting more data than the stated purpose requires — or retaining it longer — violates this principle.
Civil Code § 1798.100(a)
Purpose Limitation
Data collected for one purpose cannot be repurposed for a different, incompatible use without additional disclosure and consent. GM collected driving data to operate OnStar. Using it to generate insurance risk scores is an incompatible secondary purpose.
Civil Code § 1798.120
Right to Opt Out of Sale
California consumers have the right to direct a business to stop selling or sharing their personal information. Businesses must provide a clear, easy-to-use opt-out mechanism and honor opt-out requests across all channels and services.
Civil Code § 1798.100(e)
Storage Limitation
Personal information must be deleted when it is no longer necessary for the purpose for which it was collected. Retaining a database of consumer data beyond its operational usefulness — then monetizing it — is exactly what this principle prohibits.
Which California Businesses Are Covered by the CCPA
The GM case involves a Fortune 500 company, but the CCPA's reach extends far beyond large corporations. Any business that meets one of three threshold tests is covered — and the thresholds are lower than most business owners realize.
The FTC Parallel Action — Federal and State Working Together
California's enforcement action did not occur in isolation. In January 2026, the Federal Trade Commission finalized a separate consent order with GM and OnStar over substantially the same conduct — prohibiting GM from sharing driver data with consumer reporting agencies for five years. The FTC action carried no monetary penalty. California's action, announced four months later, produced $12.75 million in civil penalties on top of comparable injunctive terms.5
The parallel enforcement reflects a coordinated approach that California regulators have signaled they intend to continue: federal agencies address systemic practices, California agencies impose financial accountability. For businesses that operate nationally, compliance with FTC guidance is no longer sufficient to avoid state-level liability.
Why This Matters
Five Things Every California Business That Collects Consumer Data Needs to Know After the GM Settlement
The GM case is not just an auto industry story. Every California business that collects personal information from customers — through a website, an app, a loyalty program, a connected product, or a service platform — operates under the same legal framework that produced a $12.75 million penalty. The principles are not new. The enforcement is.
Data Minimization Is Now Actively Enforced
The CPRA's data minimization requirements have existed since January 2023. The GM settlement is the first enforcement action to apply them. Collecting more data than your stated purpose requires — or retaining it longer — is now a documented enforcement priority for California regulators.
Purpose Limitation Means What It Says
Data collected for one business purpose cannot be repurposed for an incompatible secondary use without new disclosure and consent. If your privacy policy says data is used for X, you cannot use it for Y — even if Y would be commercially valuable.
Privacy Misrepresentations Are Consumer Fraud
The AG's decision to plead GM's conduct under the Unfair Competition Law — not just the CCPA — signals that incomplete or inaccurate privacy disclosures are not merely technical violations. They are potential consumer fraud claims with their own enforcement toolkit and damages exposure.
Downstream Data Liability Is Real
GM was required to request deletion from LexisNexis and Verisk — the recipients of the data, not just the original collector. California's enforcement framework treats upstream data sellers as responsible for how that data is used after transfer. Vendor contracts and data sharing agreements need to reflect this.
Multi-Agency Enforcement Is the New Normal
The GM case was joint enforcement by the state AG, the CPPA, and four county district attorneys. The collaboration signals that California has built an enforcement infrastructure designed to pursue significant data privacy violations — and that local prosecutors are now active participants.
How DiJulio Law Group Helps California Businesses Navigate Data Privacy
The GM settlement is a landmark moment in California privacy enforcement — but the legal framework it applies has been in effect since 2020 and was significantly strengthened in 2023. Businesses that collect consumer data in California, whether through a website, a mobile app, a connected service, or a loyalty program, are operating under obligations that are now being actively enforced with record-level penalties.
DiJulio Law Group advises businesses on business law compliance and contract and regulatory disputes throughout Glendale, Los Angeles, and Southern California. Understanding what the CCPA requires — what data you can collect, how long you can keep it, what you must disclose, and what you cannot do with it — is the foundation of privacy compliance for any California business. The GM case makes clear that regulators are now prepared to enforce those requirements with consequences that extend well beyond technical penalties.
If your business collects personal information from California customers and you are uncertain whether your current data practices, privacy disclosures, or vendor agreements align with current CCPA requirements, the time to assess that is before a regulatory inquiry — not during one.
Questions About CCPA Compliance or Data Privacy?
DiJulio Law Group advises California businesses on data privacy, regulatory compliance, and business law matters throughout Glendale, Los Angeles, and Southern California.
Sources & Citations
- California Attorney General Press Release, "When It Comes to Data Privacy, Consumers Must Be in the Driver's Seat," May 8, 2026. oag.ca.gov
- Hunton Andrews Kurth, "California AG Announces Record $12.75M Settlement with GM Over CCPA Data Minimization and Purpose Limitation Violations," May 2026. hunton.com
- Spectrum News, "GM Will Pay California $12.75M for Selling Driver Location and Behavior Data," May 8, 2026. spectrumlocalnews.com
- Los Angeles County District Attorney's Office Press Release, "General Motors to Pay $12.75M to Settle California Consumer Protection Lawsuit," May 8, 2026. da.lacounty.gov
- Finnegan Henderson, "California Reaches Record $12.75 Million CCPA Settlement with General Motors Over Driver Data," May 2026. finnegan.com





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