Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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:
- 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
- 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
- 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
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
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
97 thoughts onSirius XM TCPA Class Action Lawsuit Settlement
I had misplaced the check and when I found it I sent it back to the address listed above back in August 2018 to have it reissued. All information on the website is gone and I do not know how else to contact anyone. Can you please tell me a phone number to follow up with?
I am getting the same calls every day because i bought a new car,never even used the fee trial, 35 mil. Must not be more than a drop in the bucket for them. It’s 08/19/2018 guess it’s time for another lawsuit?
WOW, not good, bummer. Received, deposited, spent some on bills then negative in my checking account. My bank is trying to see if funds are good?? and my bank statement said I had so much available right away, pd. some bills now it cant find the funds??? Big Bummer Disappointed again
interesting… JUST received my check and its only $9.27
I received the same thing went to cash it and it bounced so now I’m paying $10 for a $9.27 check
My check has passed 60 days. How can I get the check reissued?
The settlement website is still active and has a “Contact Us” section: https://www.siriusxmtcpasettlement.com/en/Home/ContactUs. You need to contact the settlement administrator and inquire about the status of your claim.
The “contact us” section is bogus. I’ve tried to reach out and the phone number gets you to an automated system that repeats everything you can find online. I was issued a check but didn’t find it until after the 60 days so it was voided. I wrote into the Administrator following the instructions and included the check asking them to reissue it, but got a letter back stating, “we are in the process of performing a secondary disbursement as directed by the terms of the Settlement. Unfortunately we are no longer able to reissue any checks from the initial disbursement.”
Tried calling to find out what this means but can’t get any person on the line. Does this mean that they will be sending out checks again to those that didn’t cash them or does it mean I am just SOL?
I just got the same response in mail after doing the same thing you did. Makes no sense to me.
You can try contacting class counsel. Counsel is listed in the article and can be Googled for contact information. Good luck!
I received a check in the WRONG name. I returned it to the settlement administrator for reissue and got a letter today stating they are in the process of performing a secondary disbursement as directed…UNFORTUNATELY WE ARE NO LONGER ABLE TO REISSUE ANY CHECKS FROM THE INITIAL DISBURSEMENT! What a crock …I returned the check and they cant reissue the check to me in my correct name due to Sirius’ mistake…
Maybe a lawsuit needs to be initiated because we can’t cash the initial checks they sent us from Hooker v Sirius
The only way to get in contact with the from what it seems, is to mail them at this address:
Hooker V Sirius XM Radio Inc
Settlement Administrator
P.O. Box 4199
Portland, OR 97208-4199
but that doesn’t guarantee they will resolve your issue or even mail you back
Got my check late last week. Nice surprise for sure.
How can I follow up, I have not received my check yet?
I received my check for $81.41 on Wednesday, Dec. 22nd!
I have not recieved one, as well as 2 friends. If you write them, no response. They just keep getting away with robbing us. These lawyers and s administrator should be in prison!
Receive a check $81.41 Nov.21 2017!