Toyota Data Sharing Lawsuit Includes Progressive Insurance

— A Toyota data sharing class action lawsuit alleges the automaker, insurance company Progressive, and Connected Analytic Services, a company that provides data analytics services in the automotive industry, work together to collect personal information on Toyota drivers.
The Toyota data sharing lawsuit includes:
"All individuals in the United States who owned or leased model year 2018 or newer Toyota vehicles equipped with Tracking Technology."
The lawsuit was filed by Florida plaintiff Philip Siefke who owns a 2021 Toyota RAV4 XLE equipped with technology that can track his driving data.
He claims tens of thousands of Toyota customers are injured due to the unauthorized collection and sharing of private information collected from Toyota vehicles. That information includes location, speed, direction, braking and swerving/cornering events, and image and voice data.
The plaintiff says information is sold to third parties such as Progressive, supposedly without the consent of Toyota drivers.
The class action references the nonprofit organization Mozilla Foundation when its researchers found “modern cars are a privacy nightmare,” and automakers have “shifted their focus from selling cars to selling data.”
“There’s probably no other product that can collect as much information about what you do, where you go, what you say, and even how you move your body […] than your car. And that’s an opportunity that ever-industrious car-makers aren’t letting go to waste. […] From your philosophical beliefs to recordings of your voice, your car can collect a whole lotta information about you.” — Mozilla Foundation
According to the class action, there is the collection of non-personal data such as fuel efficiency, tire pressure and engine performance, but Toyota also allegedly collects GPS locations and frequently used routes, driving style, acceleration, braking patterns, phone contacts, music preferences and even call logs.
And Progressive supposedly collects some information in real-time, including "speeding, hard braking, rapid acceleration, and driving at night or at rush hour." All of this, according to the lawsuit, is offered for sale without the required permission of a Toyota driver, and allegedly all against the law.
According to Toyota's information about driving data:
"We collect your driving behavior data (Driving Data) which includes the acceleration and speed at which your vehicle is driven, travel direction, use of the steering and braking functionality in your vehicle, and vehicle operation data (e.g., sensor readings). Driving Data is used to deliver Connected Services to you, and for quality confirmation, data analysis, research, and product development."
And the plaintiff argues the Toyota “Data Sharing” privacy statement clearly says Toyota will not share driving data without the express prior consent of the customer.
The Toyota data privacy lawsuit says Progressive has a data sharing program called “Snapshot” to “measure a variety of factors related to your driving, including things such as the time of day you drive, sudden changes in speed (hard brakes and rapid accelerations), the amount you drive, and, for customers using the mobile app in some states, how you're using your mobile phone while driving.”
And according to Progressive, “riskier driving based on these factors indicate a greater likelihood of being in an accident and may result in a higher rate at renewal — depending on the state you live in and when you signed up for Snapshot.”
"While Progressive represents that the consent of an owner of a Toyota vehicle is required before having Driving Data shared with Progressive, this representation is untrue." — Toyota data sharing class action lawsuit
The lawsuit says the plaintiff and all Toyota customers overpaid for their vehicles, and they would not have purchased those vehicles if Toyota would have warned them their driving data would be tracked.
The Toyota data sharing class action lawsuit was filed in the U.S. District Court for the Eastern District of Texas: Philip Siefke v. Toyota Motor North America, Inc., et al.
The plaintiff is represented by Morgan & Morgan Complex Litigation Group, and Steckler Wayne & Love PLLC.