Sirius XM TCPA Class Action Lawsuit Settlement

Sirius XM Radio Inc. has agreed to pay $35 million to settle several class action lawsuits that allege the company illegally used predictive dialers for telemarketing calls, a violation of the Telephone Consumer Protection Act (TCPA).

The TCPA regulates the use of autodialers and prohibits the use of artificial or prerecorded voices to make non-emergency calls to cellphone numbers without the recipient’s prior consent. This settlement is one of the largest under the TCPA.

It was alleged that the New York City-based satellite systems provider violated the TCPA by using an autodialing system to make sales calls to Sirius XM trial users to induce them into subscribing.

Under the terms of the class action lawsuit settlement, which extends to four related cases: Hooker v. Sirius XM Radio Inc., Southern District of California; Knutson v. Sirius XM Radio Inc., Northern District of Illinois; and Elikman v. Sirius XM Radio Inc., Northern District of Illinois; and Parker v. Sirius XM Radio Inc., Middle District of Florida, Sirius XM will pay $35 million into a cash common fund from which Class Members can either draw a payment or opt to receive three months of Sirius XM Select service at no charge.

In addition, Sirius XM has agreed to enter into agreements with its telemarketing vendors to require those vendors when making calls to cell phones on its behalf to use telephone dialing systems that use human intervention to initiate calls and that are separate from any automatic telephone dialing systems, including predictive dialing systems, used to call landline phones.

Incentive awards for service of $10,000 will be paid to Francis W. Hooker, Jr. and $2,500 each for Eric Knutson, Yefim Elikman, and Anthony Parker as compensation for time and resources each has put into representing Class Members.

Sirius XM denies the allegations in the lawsuit.

Class Members who wish to be excluded from the settlement must do so by Nov. 25, 2016. Those who want to object to the terms of the class action settlement must do so no later than Nov. 7, 2016.

Who’s Eligible

The settlement includes all natural persons residing in the United States (including all territories and other political subdivisions of the United States) who:

1. Received, in connection with the purchase or lease of a new or used vehicle, programming on a promotional basis from Sirius XM that ended no later than Apr. 5, 2016
2. Were the recipients of one or more telephone calls made by or on behalf of Sirius XM to their wireless, cell or mobile phone numbers after Feb. 15, 2008 and before July 5, 2016
3. Never were or became paying subscribers prior to July 5, 2016

Excluded from the Class are any employees, officers, or directors of Sirius XM, and any attorneys appearing in this case, and any judge assigned to hear this case as well as their immediate family and staff.

Potential Award

Varies.

Class Members may receive only one of two options:

• Option 1: Three months of free access to Sirius XM’s Select service (or any subsequently-named satellite radio service that contains substantially the same programming as the Select service)*. Only Class Members who do not file a claim for cash payment may receive the Free Service option. Class Members do not need to do anything at this time to be eligible to receive the Free Service
• Option 2: Cash Payment. Based on the claims rate in similar settlements, the parties anticipate that the cash payment made to individual cash claimants will be in the range of $5-$15, although that is only an estimate and the actual amount could be higher or lower. Class Members must file a claim to receive a cash payment.

Additionally, each Class Member may receive only one benefit regardless of the number of his or her titled vehicles or the number of calls he or she may have received on his or her wireless, cell or mobile phones during the period covered by the definition of the settlement Class.

*Option 1 will not be available for any vehicle that has a currently active paid subscription associated with it as determined by Sirius XM. Any Class Member who converts to a paid subscription between registration and shortly prior to the date on which cash will be distributed to Class Members who have filed online Claim Forms (and who is therefore no longer eligible to the Free Service) will be converted to the cash payment option instead.

The Free Service will not carry any obligation to continue service with Sirius XM beyond the three months of free access and will be provided in addition to, and will not affect a Class Member’s eligibility for, any future Sirius XM satellite radio service offer.

Proof of Purchase

N/A.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

11/26/2016

Case Name

Hooker v. Sirius XM Radio Inc., Case No. 4:13-cv-00003, in the U.S. District Court for the Eastern District of Virginia, Newport News Division

Final Hearing

12/20/2016

UPDATE: On December 22, 2016, the court granted the Sirius XM TCPA settlement final approval.  Let Top Class Actions know when you receive a check or free 3 months service voucher in the comments section below or on our  Facebook page.

UPDATE 2: A status report filed with the court on February 9, 2017 states the following:  The settlement administrator will work with Sirius XM to begin Free Service (for those class members that registered for 3 months of free service) no later than July 22, 2017.  Checks will be distributed no later than 90 days after the resolution of attorneys’ fees and costs.  Once the court approves the fees, the settlement administrator will be able to calculate the distribution amount to class members.  Please keep checking Top Class Actions for updates!

UPDATE 3: The court approved attorneys’ fees on May 11, 2017.  An appeal was filed on May 31, 2017.  Claims will not be paid, and free service will not be available until after all appeals are resolved.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 4: On September 29, 2017 the appeal to the Sirius XM TCPA settlement was dismissed.  According to the settlement website, claims will be paid in November 2017.  Let Top Class Actions know when you receive a check or free 3 months service voucher in the comments section below or on our  Facebook page.

UPDATE 5: On Nov. 20, 2017, Top Class Actions viewers are starting to receive checks in the mail for up to $81.41 from the Sirius XM TCPA settlement over allegations that they received unwanted phone calls.

Settlement Website

www.SiriusXMTCPASettlement.com

Claims Administrator

Sirius XM Settlement Administrator
PO Box 4349
Portland, OR 97208-4349
888-509-2570

Class Counsel

Michael A. Caddell
CADDELL & CHAPMAN

Christopher North
THE CONSUMER AND EMPLOYEE RIGHTS LAWS FIRM PC

Abbas Kazerounian
KAZEROUNI LAW GROUP APC

Joshua B. Swigart
HYDE & SWIGART

MCGUIRE LAW PC

MCMORROW LAW PC

Defense Counsel

Thomas Demitrack
JONES DAY