"Soon our cell
phones will be tracking us," he said. "GPS could be one more on the
checklist here. Frankly, giving out speeding tickets is the job of the
police, not of private industry."
Rental car
companies have used GPS devices since the mid-1990s, installing systems
to give drivers directions while they're on the road. "Fleet management"
companies such as AirIQ and
Fleetrack are also selling newer
tracking services that help companies monitor their vehicles.
The New Haven
Small Claims Court case pits New Haven resident James Turner against
Acme. Turner also filed a claim with the Connecticut Department of
Consumer Protection.
Turner paid for
the rental car with a debit card last fall and, after returning the car,
was shocked to find that an extra $450 had been taken out of his
account, according to an article in the New Haven Advocate, where
the case was first reported.
Turner could not
be contacted for this article, and his attorney did not return phone
calls.
When Turner
contested the charges, Acme was able to point out on a map exactly where
he exceeded the company's threshold speed of 79 mph.
For Acme, however,
the policy is not about penalizing customers but about protecting its
cars, said Max F. Brunswick, the attorney representing the company.
Acme recently
decided to equip its cars with GPS technology and uses tracking services
from AirIQ to find stolen rental cars and charge customers for
"dangerous" conduct. The policy is stated in bold at the top of the
rental agreement, Brunswick said.
"You have a
problem in rental cars that people don't treat them like their own
cars," Brunswick said. "The main reason to put in the GPS receivers is
not to track the people but to track the vehicles. With this device you
can track within a city block anywhere in the world."
That's not all
that GPS and AirIQ can do. Calls to Acme itself were not returned, but
information on the company's Web site promotes the service's ability to
track the vehicle's location, notify the company when the car has
crossed into another country or state, alert for "excessive speed," and
even disable the car remotely.
Other car
companies and vehicle monitoring services have embraced GPS as well.
General Motors' roadside assistance service, known as
OnStar, uses GPS to locate
subscribers when they call for help. The company expects its subscriber
base to climb to 4 million by 2003.
However, both GPS
and cell phone technologies have raised privacy concerns.
"The challenge
right now is to ensure, before these services and capabilities are
widely deployed, that rules are in place," said David Sobel, general
counsel for the Electronic Privacy
Information Center in Washington, D.C.
At present, both
Turner and Acme have left the decision in the hands of the Department of
Consumer Protection. The judge in the small claims court case has
delayed hearing the claim until the department has issued a ruling.
Brunswick said
Acme plans to abide by the Department of Consumer Protection's ruling.
"If they say it's not a fair practice, we will give him his money back,"
he said. "We are not out to make money on this."