Indiana
Indiana sues GM, OnStar over data-selling practices
INDIANAPOLIS (WISH) — Indiana’s attorney general has sued General Motors and OnStar, accusing them of collecting and selling personal data to third parties with consent, just a couple of months after the Federal Trade Commission settled its complaint with the automaker and its subsidiary.
The lawsuit, announced Thursday from the office of Todd Rokita, follows similar ones that the attorney generals of Arkansas and Texas have filed. The Arkansas lawsuit says GM and OnStar sold data that included the geolocation data, the GM app usage data, and the driving behavior data of more than 100,000 residents of the Southern state.
Amid the states’ actions, multiple class action lawsuits have been filed against GM and OnStar over the same issues, arguing data was sold to LexisNexis without consent, potentially leading to increased insurance premiums.
OnStar sells a subscription-based communications system in GM vehicles that offers, among its services, a link to emergency services and roadside assistance when needed, Wi-Fi connectivity, turn-by-turn navigation, and remote diagnostics.
As lawsuit began piling up, GM ended its business with LexisNexis and Verisk. In an agreement reached with the Federal Trade Commission announced Jan. 16, GM also eliminated the Smart Driver program in all of its vehicles, and started a review of its privacy processes and policies. It also created a process to allow consumers to submit a privacy request to last for 20 years.
Indiana filed its 69-page lawsuit March 19 in Marion Superior Court 6, according to its time stamp. It alleged GM and OnStar violated the Indiana Deceptive Consumer Sales Act in selling telematics information — such as vehicle speed, hard braking events, and geolocation — from its Smart Driver system without consent. Then, third-party brokers used the data to create risk profiles and driving scores, which were sold to insurance companies. These companies, in turn, used the information to increase premiums or deny insurance coverage to consumers.
“Defendants profited from its data mining and data sharing activities to the detriment of the very customers to whom their telematics technology and associated programs were advertised to help,” the Indiana lawsuit says.
Indiana’s lawsuit also accused GM and OnStar of using deceptive “dark patterns” during the onboarding process to maximize consumer enrollment in their programs without fully disclosing privacy policies.
The state wants a jury trial and, if successful, seeks civil penalties of up to $5,500 for each violation of the Indiana Deceptive Consumer Act.
The lawsuit cites anonymous complaints from social media, reports from The New York Times, and other news sources. Indiana’s lawsuit does not say, though, how many complaints the state has received. However, in a news release issued Thursday, the Office of the Indiana Attorney General asks Hoosiers who believe they have been affected to file complaints online or by calling 800-382-5516.
Rokita, a Republican, said in a statement in a news release issued Thursday, “Everyone deserves transparency and honesty from the companies they do business with, especially when it comes to having their data protected. General Motors and OnStar turned a supposed safety feature into a way to make money, profiting off Indiana drivers without their knowledge.”
Indiana
Mother and boyfriend accused in death of 4-year-old boy found in closet
This story contains descriptions of distressing circumstances involving children.
INDIANAPOLIS (WISH) – A mother and her boyfriend were accused of causing the death of a 4-year-old-boy found dead in a basement closet on Monday.
Indianapolis Metropolitan Police Department arrested Angel Lovely, 37, and Nicholas Bergdoll, 36, on preliminary charges of neglect of a dependent causing death. The Marion County Prosecutor’s Office by Friday had not filed formal charges.
A sibling found the 4-year-old dead on Monday, according to investigators. Lovely and Bergdoll were in the home at the time but told police they were asleep when he died.
Born premature with cerebral palsy, the 4-year old couldn’t walk, was nonverbal, and ate through a feeding tube. Lovely claimed she would rarely put the child in the closet, only “when he won’t stop screaming” or when she “needed a break.”
But when investigators interviewed Lovely’s three other children, they said that the boy “stays in the closet all day,” and that “mom locks him in the closet” and “does not pay attention to him.”
An exact cause of death hasn’t been determined, but the child was found with blood in his mouth. Lovely said he’d been aspirating.
One of Lovely’s children told investigators they heard the 4-year-old gagging but didn’t say anything because it wasn’t unusual.
A neighbor living on Monticello Drive, Michelle Johnson, told News 8, “It’s horrible. It breaks my heart.”
Johnson had seen the other children outside the home but never knew there was a boy in a wheelchair living there. She said if she suspected they were being neglected, she would have called police or the Indiana Department of Child Services.
“We’re supposed to be a village and raise kids together,” Johnson said. “That’s really heartbreaking.”
Bergdoll told police, according to the investigators’ report, that he didn’t agree with putting the child in the closet: “I am not going to tell her how to f****** raise her kids.”
“I’m sickened,” IMPD Public Information Officer Tommy Thompson told News 8 in an interview.
“Think about putting yourself in that situation. Every day, do you want to be in a closet? Locked up, no light?”
Court records show the Department of Child Services had removed the boy from Lovely’s care because of medical neglect, but she regained custody last year against DCS recommendations.
Thompson, the neighbor, hopes the tragedy can be an opportunity for others to speak up when they see a child who can’t speak up for themselves. “Maybe you’ve got to make that tough phone call. Reach out. The city has resources.”
Johnson wishes she would have known what was happening so she could have said something. “Children don’t have a voice and we’re supposed to be their voice.”
Help is available for victims of domestic violence, child abuse, and sexual assault. Below is a list of suggested resources, both national and local:
Indiana
Police arrest suspect in Westfield homicide
WESTFIELD, Ind. (WISH) — Police have arrested someone in connection to a homicide earlier this month in the Hamilton County city.
In a Friday night social media post, the Westfield Police Department announced the arrest but gave no details, including who was arrested or what preliminary charges the person may face.
“Due to the active nature of this case, limited details are available for release at this time,” the post said.
As WISHTV.com previously reported, James “Matt” Lushin, 47, was found dead shortly after 7:25 p.m. March 12 with trauma at his home in the 3900 block of Westfield Road, also known as State Road 32.
Social media posts from the scene showed police tape and emergency vehicles at a red brick house between Shady Nook Road and Gray Road.
Lushin’s obituary said the Kokomo native was a key partner with the real estate investment company, FLF Property. The obituary also said, “Matt was also a respected and accomplished member of the international poker community. He traveled the world competing in tournaments and built an impressive and successful career.”
Police have previously said the death was believed to be isolated, posing no ongoing threat.
Officials have not released a specific cause or manner of death.
Indiana
Retro Indy: Five years ago Covid confined March Madness to Indiana
Just three days before Selection Sunday in March of 2020, the NCAA announced that March Madness, like so many other events that spring, would be cancelled due to the new virus upending life. The decision marked the first time in tournament history that the final weeks of the college basketball season would not be played, squashing Atlanta’s plans to host the Final Four.
When the following year rolled around, the NCAA decided that March Madness would not succumb to the virus once more.
With a vaccine only on the horizon and hundreds of Americans still dying each day, the organization announced in November of 2020 that while the tournament would go on, it would certainly not be business as usual. All 67 games, NCAA officials said, would be held in one location. Central Indiana was the first choice as Indianapolis had been on tap to host the Final Four April 3-5.
The plan, said NCAA senior vice president of basketball Dan Gavitt in a November 2020 IndyStar article was to present “a safe, responsible and fantastic March Madness tournament unlike any other we’ve experienced.”
In January the NCAA made it official: All games would be played in and around Indianapolis in a modified version of a bubble.
Holding the tournament in one place just made sense, NCAA officials told IndyStar. Unlike in a typical year when a winning team would travel multiple times before the championship, this system would minimize travel, which could inadvertently expose players and coaches to the virus.
Two months later when the tournament kicked off on March 18, 55 of the 67 games were scheduled to be played in Indianapolis venues, such as Gainbridge (then Bankers Life) Fieldhouse, Lucas Oil Stadium, Indiana Farmers Coliseum and Butler’s Hinkle Fieldhouse. Purdue’s Mackey Arena and IU’s Assembly Hall also hosted games.
While the first Covid vaccine had arrived a few months earlier, few people outside of first responders and the most vulnerable had been immunized, so in an effort to avoid large crowds, the Indianapolis sites all capped tickets at 25% capacity. That meant only 17,500 people could attend games at the largest venue, Lucas Oil Stadium. The college arenas allowed far smaller audiences, with IU limiting attendance to 500 people.
A week before the tournament began Marion County Public Health Department officials and Mayor Joe Hogsett asked attendees to make smart public health choices, such as social distancing and obeying the face masks mandate. Referees donned masks as much as possible as did coaches and players on the bench.
The NCAA regularly tested athletes, administering 28,311 tests Covid tests during the tournament, 15 of which came back positive.
Post-mortems after the tournament asked whether the NCAA had made the right call. Two high profile deaths occurred in the aftermath of the tournament — one a University of Alabama superfan who had traveled to Indy for the games and the other a St. Elmo bartender. But proving a direct link between their deaths and the tournament would prove impossible, and some public health experts said the NCAA had done everything it could to protect athletes and fans short of canceling the event.
A study conducted by IU, Regenstrief researchers and others that appeared in August 2021 in the Journal of the American Medical Association found that while mask wearing had theoretically been compulsory, about a quarter of attendees at the games were either not wearing masks or doing so inappropriately. Still, in an IndyStar article about the study Indiana Sports Corps president Ryan Vaughn termed the event “a resounding success.”
The following year, with a vaccine widely available and far fewer daily deaths from the virus, the tournament returned to a typical schedule, concluding in New Orleans’ Ceasars Superdome. More than 69,00 fans attended the final games, according to the NCAA. Local authorities had lifted the mask requirement by this point.
“Last year was about survival. Just having championships in any way, single site, keep everybody safe and be successful,” Gavitt said in an NCAA news release in late April 2022. “I think this year was about advancing.”
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