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Chronicles

The story behind the story

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A US judge rules that automakers' use of on-board infotainment systems to record and intercept owners' texts and call logs doesn't violate Washington state law

A federal judge on Tuesday refused to bring back a class action lawsuit alleging four auto manufacturers had violated Washington

The Record Suzanne Smalley

Context & Ripple Effects

The ruling sits within a broader, uneven record of litigation over automakers’ technology claims and conduct. In separate Tesla litigation, a judge allowed claims over allegedly misleading self-driving representations to proceed, underscoring that outcomes turn heavily on the particular product claim and legal theory.

Here, the court’s refusal to revive the class action narrows one Washington-state-law route for challenging how vehicle infotainment systems handle owners’ communications data.

First-order effects

  • The four automakers avoid reinstatement of this proposed class action under the Washington law at issue, while affected owners lose that immediate path to pursue the claims.
  • The decision gives automakers a favorable judicial reading for infotainment features that record or intercept texts and call logs, at least on the pleaded state-law theory.

Second-order effects

  • Plaintiffs challenging connected-car data practices may need to recast claims under different statutes, contracts, or facts rather than rely on this Washington theory.
  • Automakers and infotainment-system partners gain less immediate litigation pressure to alter the specific communications-data practices challenged in the suit.

Third-order effects

  • As vehicles become software-defined consumer devices, privacy disputes are likely to be decided feature by feature and statute by statute rather than through a single, uniform theory of vehicle-data liability.
  • The contrast with Tesla’s surviving self-driving marketing claims suggests connected-car litigation may remain fragmented: legal exposure can persist even when a particular privacy claim fails.

The trend: Connected-car accountability is developing through piecemeal litigation, with courts drawing separate boundaries for data handling, product representations, and safety claims.

Discussion

  • @campuscodi@mastodon.social Catalin Cimpanu on mastodon
    2023... when your smart car can MitM your phone and steal all your personal texts and call logs for their ad business and a US judge goes “*sounds good to me*”  —  https://therecord.media/...
  • @chockenberry@mastodon.social Craig Hockenberry on mastodon
    An appellate judge in Washington state just ensured that I will never buy or rent a vehicle without CarPlay.  The auto industry continues to find ways to shoot themselves in the foot.  —  https://therecord.media/...
  • @riana@mastodon.lawprofs.org Riana on mastodon
    Hot take: if you are upset that Washingtonians can't sue for privacy violations without suffering an injury to their “business, person, or reputation,” ask the state legislature to change the statutory injury requirement to be broader, instead of just being mad at the sleazy car …
  • @kyle@mastodon.kylerank.in Kyle Rankin on mastodon
    The next time I have to get a new car, it will probably be an old car.  Here's another reason why: new cars are recording and storing your text messages.  —  https://therecord.media/...  #privacy
  • @joeo10@mastodon.sdf.org Joe Ortiz on mastodon
    My advice once again is to just get a 2010 or older car or any other vehicle.  You can thank me later. https://therecord.media/...
  • @dangillmor@mastodon.social Dan Gillmor on mastodon
    The auto industry has even more contempt for your privacy than Big Tech, which is saying something.  Now an appeals court has ruled that the car makers can intercept and sell your private information, and you can't do a damn thing about it.  —  https://therecord.media/... …
  • @benwerd Ben Werdmuller on x
    At least in Washington State, car manufacturers may record and intercept the text messages of drivers who have connected their devices to their cars via Bluetooth or cable. #Technology https://therecord.media/...
  • @matthew_d_green Matthew Green on x
    I did not know, but I guess I did imagine, that car manufacturers were intercepting and sharing text messages with law enforcement. Seems like a pretty terrible idea, unless there's more to this story. https://therecord.media/...
  • @wbm312 Whitney Merrill on x
    Cars continue to be a privacy nightmare: Court rules automakers can record and intercept owner text messages https://therecord.media/...
  • @evacide Eva on x
    A federal judge on Tues refused to bring back a class action lawsuit alleging 4 auto-makers had violated WA's privacy laws by using vehicles' on-board infotainment systems to record & intercept customers' private text messages & cell phone call logs. https://therecord.media/...
  • @direheartbeat @direheartbeat on x
    Honda, Toyota, Volkswagen and General Motors use software that will download all your phone's text messages when you connect to it and make them available to advertisers and 🚨Law Enforcement!🚨 https://therecord.media/...
  • @cliftonhowze @cliftonhowze on x
    “plaintiffs in 1 of the 5 cases filed suit against Honda in 2021, arguing that beginning in at least 2014 ... the company's vehicles began downloading and storing a copy of all text messages on smartphones when they were connected to the system.” https://therecord.media/...
  • @therecord_media @therecord_media on x
    Honda, Toyota, Volkswagen, and GM have won a significant case after a federal judge ruled that their use of onboard infotainment systems to record and intercept customers' text messages and call logs does not violate Washington state privacy laws. https://therecord.media/...
  • r/technology r on reddit
    Court rules automakers can record and intercept owner text messages
  • r/privacy r on reddit
    Court rules automakers can record and intercept owner text messages