On December 2, 2021 CarComplaints reported that a lawsuit was filed against Subaru alleging that "the automaker illegally collects biometric data as the driver monitoring system tracks the driver's face and eyes to ensure the driver is alert and focused on the road."
The Subaru driver monitoring system lawsuit was filed for all former and current Illinois owners of these vehicles equipped with DriverFocus Distraction Mitigation Systems.

• 2019-2022 Subaru Forester Touring
• 2020-2022 Subaru Outback Limited, Touring, Touring XT and Limited XT
• 2020-2022 Subaru Legacy Limited, Limited XT and Touring XT