Lawsuit: Driver License Abuse (for more than Test Drive purpose)

[Tam]

https://assets.documentcloud.org/documents/4057277/TeslaFCRA.pdf

Plaintiff Wayne Skiles is suing Tesla stating that Tesla obtained his driver license during a test drive for other purposes beyond a driving eligibility proof.

He alleges that it shared the info with Experian, Appstem, Salesforce without his consent.

He alleges that Tesla violates:

1) Driver's Privacy Protection Act
2) The Electronic Communications Privacy Act
3) The Fair Credit Reporting

It sounds like a very costly lawsuit if Tesla loses: as much as $10,000 per affected driver in addition to other punitive damages as well as other compensations...

So, if there's 1,000 test drivers, that's 10 million dollars plus other demanded compensations as well!

 

[DOCAL]

He alleges that it shared the info with Experian

Great, so the whole world has it then.

 

[boaterva]

Hm... All they did for my test drives was look at and copy some info down. Don't recall any swiping.

 

[Az_Rael]

Wow. Wonder how he figured out it went to Experian?

I know whatever you tell Tesla goes into their marketing database. Tesla Energy got our phone numbers from our owner info with Tesla Motors and cold called us once.

 

[boaterva]

Great, so the whole world has it then.

What info is there that is more private than anything else? Most states don't use SSN any longer (Virginia did and changed to a separate ID some years back), and name and address are pretty 'out there' as you say...

 

[Az_Rael]

Hm... All they did for my test drives was look at and copy some info down. Don't recall any swiping.

Mine have always been scanned by their iPad when doing a test drive

 

[boaterva]

Wow. Wonder how he figured out it went to Experian?

I know whatever you tell Tesla goes into their marketing database. Tesla Energy got our phone numbers from our owner info with Tesla Motors and cold called us once.

I was originally wondering if they did a credit check to see if he could 'afford' an S or X... but that seems like a stretch, doing one without permission is not so good...

 

[boaterva]

Mine have always been scanned by their iPad when doing a test drive

Wonder if this is recent? Mine were January and March this year....

 

[Az_Rael]

I was originally wondering if they did a credit check to see if he could 'afford' an S or X... but that seems like a stretch, doing one without permission is not so good...

Well, it would have been one of those soft pulls I assume. The sort that companies do to send you pre approved credit card offers and the like.

 

[Az_Rael]

Wonder if this is recent? Mine were January and March this year....

More likely a difference in locations. My test drive(s) were last year and a few months ago

 

[boaterva]

More likely a difference in locations. My test drive(s) were last year and a few months ago

Hm... I did wonder if zip code had something to do with it... I definitely don't recall a swiper, because as an IT person (and sometime InfoSec one), that would really get the alarms ringing!

 

[Tam]

Great, so the whole world has it then.

It's about whether different laws require a consent and Tesla can easily comply with very little hassles.

 

[Tam]

...Wonder how he figured out it went to Experian...

I guess you can see whether there's any credit inquiry on your test drive date and to which company and then you can narrow it down.

I assume these are professionals who know how to sue.

How did they know about Appstem?

Tesla Motors iPad App | Appstem Mobile Development Company | Work

The plaintiff might just ask the Product Specialist about the Ipad program who might be too talkative. He then could look up Appstem on the web.

But how do they know about Salesforce's involvement?

 

[RangerRick]

Hm... All they did for my test drives was look at and copy some info down. Don't recall any swiping.

I just test-drove an S this weekend and he scanned the giant QR code type thing on the back of my (NC) license with his iPad. Now, that may have just been to enter address & such, but there's certainly a ton of info in that scanned data.

 

[boaterva]

I just test-drove an S this weekend and he scanned the giant QR code type thing on the back of my (NC) license with his iPad. Now, that may have just been to enter address & such, but there's certainly a ton of info in that scanned data.

Yeah, I don’t know if there’s more data in the stripe/QR/whatever some have than is on the physical DL or not... I bet this action stops that and they start using pen and paper again!

 

[HankLloydRight]

I totally believe that Tesla, et. al. did what the plaintiff claims in the suit.

But when he "signed" the release for the test drive (which you must do), there is a long "Terms of Agreement" or some such, which I suspect, he signed and allowed Tesla, et.al. to do all those things he alleges. I guess he just didn't read it fully.

 

[drewg123]

Yeah, I don’t know if there’s more data in the stripe/QR/whatever some have than is on the physical DL or not... I bet this action stops that and they start using pen and paper again!

Depending on the state, there is likely to be things like DOB, address, sex, hair / eye color, height, weight, etc. I generally just don't let anybody I don't trust scan my license. I stopped buying beer at Target when they started scanning driver's licenses.

 

[anticitizen13.7]

Mine have always been scanned by their iPad when doing a test drive

Same here. I have never received any marketing contacts from Tesla though other than email (which I signed up for).

 

[Lloyd]

I remember when I worked at t dealership, you needed more information than just the DL, and we got permission by having them sign an inclusive liability release.

 

[Tam]

..."Terms of Agreement"...

Page 5 of 16 sounds like the plaintiff did not read the iPad "Test Drive Agreement" but rather relied on the Product Specialist verbally telling him what it included:

"27. The Product Specialist then showed Plaintiff a message on the iPad screen titled “Test Drive Agreement”, stating that Plaintiff represented he was validly licensed to drive a vehicle in the applicable area, that he was responsible for his actions behind the wheel, would drive non-negligently, and that he agreed to electronic submission and acceptance of the terms of the Test Drive Agreement he was viewing."

It would be helpful to have a copy Tesla "Test Drive Agreement" to see whether it covers this lawsuit or not.

If it does, then how do test drivers give consent? By signing on the iPad? By verbally telling the Product Specialist?...