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GPS tracking of high credit-risk drivers: Good practice or privacy violation?

There was a story on ABC's Good Morning America on Friday about some car dealers in Oregon installing hidden GPS tracking devices in vehicles sold to individuals with poor or downright bad credit. The rationale apparently is that the devices would help the dealers quickly track down and repossess their vehicles in the event that a customer defaulted on payments. According to the report, the devices are often installed in an undisclosed location in the vehicle because the dealers don't want customers disabling or tampering with them.

On the surface, it sounds like a reasonable thing for the car dealers to do given the risk they appear to be willing to take, especially in this lousy economy. After all, they are at least extending credit to people that most others won't even give the time of day to, and it is only natural that they want to protect their assets.

The issue, though, is about disclosure. It's one thing to install the devices and then inform customers about it, but an entirely different thing if that is done without any notice. One of the car dealers who appeared on the show said that he always informed buyers about the tracking devices and that they didn't appear to mind when he told them the reason why the devices were there. But what about the others, who aren't informing their customers about the tracking devices?

Those dealers might have a very good business rationale for doing that, and as far as I can tell, there are no laws out there that specifically require them to provide notice. (If I am wrong, someone please correct me.) But it still would be a gross violation of the buyer's privacy.

Current GPS tracking systems allow for a remarkable degree of surveillance. Many are Internet-enabled and allow anybody to log onto the Web and in an instant see a vehicle's current location or where it might have been in the past and when.

Sure, parents may install such trackers in their teens' cars, or companies might use the devices to track and manage their vehicle fleets, and GM might use them as a basis for its OnStar service. Some insurance companies might even offer customers lower rates in exchange for being able to monitor the amount of miles being driven annually by the driver and his or her driving habits-such as how often they brake and accelerate, for instance. Not all of these insurance programs involve GPS tracking yet, though at least one of them does. However, the context in which GPS tracking is being used in each of these cases is very different from a dealer trying to make sure that an individual who purchased a car doesn't disappear with it. 

Granted, most car dealers who install such devices in vehicles are likely concerned only about getting the cars back in the event of a default and ordinarily couldn't care less about tracking the driving histories or whereabouts of their customers. Still, the fact that they can do that if they want to needs to be disclosed to the customer at all  times. It's then up to the customer to decide if they want in.

What People Are Saying

Not Quite

It's important to understand that a poor credit score doesn't mean what you think it means. To you and me, the common understanding is that your credit score is directly and only related to your payment habits and ability.

This is not correct. Your credit score is the issuers measurement of HOW PROFITABLE OF A CREDIT CUSTOMER YOU ARE. Repayment history is only one portion of that score. That's also why people with no credit history don't have a good credit score, regardless of their bank balance. They're not a profitable customer.

The real problem is when the credit score gets used for its commonly accepted (and quite wrong) meaning rather than its real meaning and injustice results.

GPS Tracking Cars

The privacy concerns mentioned in the article are valid. I am in the GPS tracking business and can tell you that there are a couple of points that are not mentioned:

1. It is expensive to put an active GPS tracking unit in a car. No dealer will waste this money unless he needs to.

2. The justification for the expense mentioned in point one is a really, really terrible credit rating. I doubt that many of the comments come from people with credit this bad. You don't get credit this bad overnight. You get it by making irresponsible decisions over and over again. So the customers in question are shopping at these lots for a reason, and that reason is their own fault.

3. Most of the lots that do this are self financing. Their number one expense is the buyer who is basically trying to steal the car without making a single payment. The buyer just makes one, small down payment and that is it. If you jack a car off the street it's a felony and the police will come get you. If you walk into a dealership, lie your butt off, and leave with no intention of making another payment, it's either a misdemeanor or a civil matter. The police do not care and generally will not help. The legal costs can eclipse the value of the vehicle in question.

4. It is possible to set up a system that requires the dealer to call a third party to access the location of the vehicle. That third party could require documentation of customer default. My company can do this.

RE: GPS tracking of high credit-risk drivers

Based on my opinion, there's no harm on installing the device Geo Tracker (GPS) to cars with bad credits. Besides, car dealers are more likely to do it since the only reason was to protect their business. This issue actually sounds good on the side of the dealers, and it sounds bad on the part of the customers if they prefer having privacy at all.

After reading many reviews

After reading many reviews and information on GPS, I decided to buy my GPS Tracking System

I bought it at Bluewater http://www.bluewatersecurityprofessionals.com. Lots of Reasons that I bought there:
1. Competitive Prices
2. Lots of Selection of different types and Brands (They walked me thru which one was best for me and didn’t force me into 1 type)
3. Much info on their website and when I had questions there customer service rep was very knowledgeable.
I purchased a The Trackstick and it is is nothing like any of the other GPS tracking products on the market. Its software is very top rate with hundreds of different features. You can sort data, export to Google Earth (the Google Earth integration is flawless)

Because of the vast number of features, it can take some time to learn how to use the Trackstick properly but when you do, the information you can get as a result is amazing.

The geotagging feature worked well for us when we were in Italy. It tagged every photo exactly where they were taken and showed all the ground we covered on our trip.

For Me: This is what I really like compared to the others:

-Software is amazing
-When used as instructed, batteries last a very long time. I calculated 10 times longer than my Garmin.
-Google Earth Integration is flawless
-Great product support
-The data and time filtering is very helpful
-Geotagging with Flickr was fun for family photos.

Overall, I give the Trackstick and Bluewater very high marks.

Track stolen bike

I have purchased a Zoombak after losing 18 bikes to theft. With this device, I can find out where the thief has taken my bike. I can then either go where the text message says, or notify the police. My name and phone number are engraved on all my bikes to assist in recovery, but turned out to be useless.

Stolen bikes

Yikes- which is it? You live in a really bad neighborhood, or you don't believe in bike locks?

Don't live in bad neighborhood, but frequent one

I don't live in a bad neighborhood, but sometimes ride my bike to such an area, 5th & Market, San Francisco. The last time I went there, my bike was locked, and got stolen anyway. When I went to the San Francisco Main Library, I took the front wheel off, put it next to the back wheel, and passed the lock through both wheels. It got stolen anyway.

That's nice, but

It has almost nothing to do with this story. GPSing your own wheels (whatever type they may be) in order to track them in case of theft is not at all controversial. Ditto services like On-Star.

What we're discussing here is GPSing someone else's vehicle, possibly without their knowledge or consent, which is an entirely different matter. Privacy matters -- e.g., your car dealer noting that you parked in front of a strip joint for several hours, and drawing the obvious conclusion -- are only part of the problem. Like, what if the police want access to the GPS tracking records for whatever reason? If the dealer gives the records to the police without a subpoena or search warrant (or probable cause), will they be admissible in court? Will they be admissible even *with* a subpoena or warrant?

If the dealers can

legally record this information, it's highly unlikely that there is anything stopping them from turning it over to the government, and the data would be fully admissible in court no matter how the government obtained it.

And there are many privacy risks that don't involve criminal charges. If the state police decide that the best way to combat drug use is to gather up all of this information and build a database of every person whose car was at a 'suspicious' location, they can easily do so. Not only do they not need a warrant, they don't even need any sort of suspicion that anyone whose car was tracked was involved in drugs; they can simply gather up all of this private information first and decide what to do with it later.

Which is, of course, completely backwards. Until privacy law is updated, though, the best solution is exactly what the article says: drivers should be completely informed about the presence of these devices and the consequences of agreeing before they take the car off the lot. Silently placing tracking devices on cars or burying notice in a legal document should be prohibited.

Not quite

Actually it has a lot to do with the story. You do not own a car until it is paid off. What is interesting is the dealer gets his money from the finance company shortly after the deal is signed. I would assume this story is referring to when the dealer and finance company are one in the same?