It's illegal because GM sending this data to insurance companies without explicitly user consent violates Texas law.

Protected class has nothing to do with it.

Why would you be allowed to use illegal data? Especially if you have the means to know if it's illegal or not.

Not even Ebay/Craigslist has managed to keep itself immune from liability of vendors selling stolen items.

Insurance is regulated so maybe it's different, but plenty of companies rely on illegally obtained data. Websites like haveibeenpwned.com and identity theft protection services couldn't exist without hacked/stolen information. I guess the distinction is that they didn't commission it.

Also, newspapers regularly publish information that was obtained illegally. e.g. someone breaking an NDA.