GM Infotainment Systems Download, Give Texts to Police, Class Action Alleges

GM Infotainment System Class Action Lawsuit Overview:

• Who: People who say their text messages were downloaded by General Motors (GM) vehicles are suing the auto manufacturer.
• Why: The plaintiffs say GM infotainment systems are equipped with software that illegally downloads and stores text messages from smartphones which the automaker makes available to law enforcement.
• Where: The lawsuit is looking to represent Washington state residents.

Your GM infotainment system may be storing your text messages and making them available to law enforcement and private investigators, a class action lawsuit alleges.

Infotainment systems in General Motors vehicles have been illegally downloading and storing drivers’ text messages without their knowledge for seven years, according to a class action lawsuit lodged by plaintiffs Michael McKee and Evgeniy Goussev against General Motors Company (GM) in a Washington state court earlier this year.

The lawsuit, which has since been removed to federal court, alleges the infotainment systems in GM vehicles from at least 2014 onward “download and store a copy of all set messages on smartphones when connected to the infotainment system in GM vehicles,” in violation of the Washington Privacy Act. 

Infotainment Systems Retain Data Without GM Passengers’ Knowledge, Consent, Says Class Action

According to the lawsuit, software manufacturer Berla Corporation partners with the auto giant to make technology capable of extracting stored text messages from infotainment systems in GM vehicles: Chevrolets, Buicks, GMCs, and Cadillacs. 

Not only do the infotainment systems automatically download a copy of every text message the driver has on their phone, the automaker also makes them available to law enforcement and private investigators, say McKee and Goussev. 

The lawsuit says the CEO of Berla Corporation went on record with The Intercept saying the company was once able to pull the data from 70 different phones that had plugged into the infotainment system of a Ford Explorer rental car in Washington, DC.

The plaintiffs want to represent other Washington residents who had their text messages recorded by the infotainment system in a Chevrolet, Buick, GMC, or Cadillac car in the past three years.

McKee and Goussev allege GM is liable to pay damages at the rate of $100 per day for each day it violated the law, up to $1,000 per Class Member. 

The plaintiffs are seeking certification of the class action lawsuit, damages, and a jury trial. 

Other automakers have allegedly been collecting texts from smartphones using infotainment systems. 

Indeed, a similar class action claims Toyota vehicles are equipped with infotainment systems that automatically download and store copies of text messages from smartphones connected to them.

Ford Motor Company is also facing a class action lawsuit claiming it uses its infotainment system to secretly download and store drivers’ private text conversations.

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The plaintiffs are represented by Joel B. Ard of Ard Law Group, PLLC.

The General Motors Privacy Infotainment Class Action Lawsuit is McKee et al., v. General Motors Company, Case No. 3:21-cv-05815, in the State of Washington Thurston County Superior Court.

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