GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

H                                                                                                                                                    1

HOUSE BILL 81

 

 

Short Title:      Restrict Use of Vehicle Telematics.

(Public)

Sponsors:

Representatives Loftis, Warren, Echevarria, and Almond (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Referred to:

Insurance, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House

February 11, 2025

A BILL TO BE ENTITLED

AN ACT requiring notice and consent before an insurance institution or agent may use vehicle telematics data.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 39 of Chapter 58 of the General Statutes is amended by adding a new section to read:

"§ 58‑39‑33.  Use of telematics data.

(a)        Notice and Consent Required. – An insurance institution or agent shall not collect, receive, sell, share, or otherwise use data provided by vehicle telematics regarding an applicant or policyholder without first doing all of the following:

(1)        Notifying the applicant or policyholder how the vehicle telematics data will be used.

(2)        Obtaining the consent of the applicant or policyholder in writing.

(3)        Notifying the applicant or policyholder that consent may be revoked at any time.

(b)        Revocation of Consent. – Any individual providing consent pursuant to this section may revoke consent at any time. An insurance institution or agent collecting, receiving, selling, sharing, or otherwise using vehicle telematics data shall (i) provide an applicant or policyholder with reasonable means to communicate revocation of consent and (ii) effectuate the revocation of consent within 24 hours of its communication.

(c)        Penalty. – A violation of this section constitutes both an unfair trade practice under Article 63 of this Chapter and an unfair and deceptive trade practice under G.S. 75‑1.1."

SECTION 2.  G.S. 58‑39‑15 reads as rewritten:

"§ 58‑39‑15.  Definitions.

As used in this Article:

…

(26)      "Vehicle telematics" means any tracking device, application, or software installed into a motor vehicle or mobile device that facilitates the transmission and storage of telemetry data regarding an individual's driving habits via wireless networks."

SECTION 3.  This act becomes effective October 1, 2025, and applies to contracts issued, renewed, or amended on or after that date.