Sarah Mirando  |  April 19, 2012

Category: Legal News

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Sirius XM Everything-Lifetime Subscription Class Action Lawsuit

By Matt O’Donnell

 

Sirius XMSirius XM subscribers have filed a class action lawsuit against the satellite radio company claiming it failed to provide services under its “XM Everything-Lifetime NavTraffic” and/or “Lifetime XM Radio Service” subscription plans.

The Sirius XM class action lawsuit is spearheaded by a California couple who say they paid for a one-year subscription to XM Satellite Radio and XM Satellite Radio’s NavTraffic service. A year later, Sirius agreed to provide both of these services under “XM Everything-Lifetime,” so the couple paid for a lifetime subscription to the Everything plan that would be renewed every year until they chose to cancel it.

According to the Sirius XM class action lawsuit, however, sometime in January 2011, the couple lost service to the XM Radio service, although NavTraffic continued to be received. When the couple contacted Sirius they were told the company was experiencing a “computer glitch” and were provided instructions on how to re-authorize their radio in order to resume the service. Although the couple made several attempts to reconnect their XM Satellite Radio service by following the instructions Sirius gave them, they were unable to successfully restore it.

The couple claim in the class action lawsuit they were then referred to a “special department” that had been established to handle “problem cases” relating to a new billing software system XM Radio had installed. A representative from that department told the couple that Sirius’ new software system could not accommodate the lifetime subscription for which they had paid concurrently with the NavTraffic Subscription and that the only way to fix the subscription was to temporarily place XM Radio service on a three-year status. The representative promised the couple that their lifetime subscription would be reinstated once the computer problem was resolved. However, the couple was later informed that their Customer Agreement had been changed and that Sirius was cancelling their lifetime service and making the three-year plan permanent.

The couple is alleging this constitutes breach of contract to the Customer Agreement and that Sirius has failed and refused, and continues to fail and refuse, to provide the agreed upon services.

The Sirius XM Radio and NavTraffic class action lawsuit is brought on behalf of all current and former residents of California and who paid for XM Everything-Lifetime NavTraffic and/or Lifetime XM Radio Service subscriptions and whose rights have not been honored by Sirius, including:

(1) Any and all such persons who purchased a lifetime subscription in conjunction with NavTraffic or XM Radio and to whom Sirius refused and/or failed to provide either or both such services and/or did so only on condition additional and/or further fees be paid for either or both NavTraffic and/or radio services;

 
(2) Any and all such persons who were informed that a lifetime subscription could not be and/or would not be honored in any fashion and who paid additional fees to receive continuing radio services and/or who surrendered any right to continue receiving said services; and/or,
 
(3) Any and all such persons who were informed that a lifetime subscription could not be and/or would not be honored in any fashion and who surrendered any right to NavTraffic services and/or who paid additional sums to continue receiving such services.
 
The case is Kerry Frank, et al. v. Sirius XM Radio, Inc., Case No. 12-cv-00415, California Central District Court.

 

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Updated April 19th, 2012

 

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84 thoughts onSirius XM Everything-Lifetime Subscription Class Action Lawsuit

  1. Phillip Harris says:

    Buy lifetime subscription but now they’re limiting it to three transfers three radio lifetime transfers not a lifetime subscription

  2. Mars says:

    I bought a lifetime subscription with my Prius V in 2009. Last week, Feb 7, 2018, Sirius cancelled. I called the 1-800 number which is now outsourced to the Phillippines. I was transferred 3-4 times, and each time I was told the case was being escalated. The first excuse given to me for cancellation was that a used car dealership had electronically transferred my Radio ID to another person. Another person claimed that the cancellation was caused by a “local” used car dealership cancelling my membership and transferring it to another person, but that Sirius would give it back to me. I must have been asked 15 times if I owned the car and radio. Each time I said “yes” and offered to email them a copy of the pink slip. Finally, after one hour, they said the problem was that because the membership had been cancelled, they could no longer reinstate a lifetime membership because they no longer had lifetime memberships, therefore they gave me an Incident No, and someone would call me within 10 days to tell me what they would do. Several minutes later, I received an email confirming that I had been given a 1 month membership – but, the radio was they never did. I called my dealership where I bought my car, and they said they would see what they could do. Bijan in Finance, Thousand Oaks was great!! He talked to them, and they turned it back on!!

  3. Terry Thompson says:

    I am having the same problem and can not believe that they are able to get away with this. I paid 512 + dollars and I’m giving the same song and dance. I think I will write my congressman about this. Something about this stinks. The arrogance of this New York owned company. Seems like the “Trump” treatment!!!!

  4. Glen Simmons says:

    I purchased mine in 2003, never replaced the unit!! Eventually I put it in a portable fading, maybe 10-12 years ago.. I use it in my shop and at work, today I turned it on and … No service! I called 844-711-8800, and they told me they see my account was started in 2003 and because of non use it was disconnected on July 9th of 2016.. Today, November 30 2016 it went off!
    Xm radio now said they can’t find my life time agreement, they misteriously can’t find any agreement or payments! but agreed it was on for the past 13 years!
    What they are doing is criminal and would love to be part of any lawsuit.
    Glen Simmons

    1. Top Class Actions says:

      This particular case was dismissed in 2013. Here is a TCA article about a similar case that is still working its way through the courts: https://topclassactions.com/lawsuit-settlements/lawsuit-news/344629-sirius-xm-class-action-says-lifetime-subscriptions-not-honored/. Please keep checking Top Class Actions for updates. We are following the case and will let our viewers know if a settlement is reached.

      You can also contact class counsel with any questions about the case. Counsel is listed at the bottom of the article and can be Googled for contact information.

    2. jeff deitz says:

      july 2009 I upgraded to xm lifetime they told me I could only transfer 3 times at a cost of 15.00 never stated that and I haven’t used my 3rd time yet ready to go after them for all the years I have missed at their subscription cost plus interest jdeitz66@yahoo.com

  5. Donita Plater says:

    I was having the same problems cpl years ago so I just cancelled my service with them and the worser part is that they didnt give me a refund.

  6. Chad Arentz says:

    I purchased 2 Lifetime subscriptions in 2010 with the understanding that I would have up to 3 transfers if we purchased new vehicles. On March 7th, 2014 I transferred from a mobile hand­held device to my car. The other radio was in my wife’s car. We recently traded my wife’s car, so when I tried to transfer the service to the new car by phone, I was informed that Sirius XM no longer allows vehicle radio transfers of service. So much for “lifetime”… Let the shafting begin.

  7. James Higginbotham says:

    Count me in. Bought Lifetime subscription in ’06, now being told they will not transfer to new radio, that my “account is locked”

    1. georgette says:

      how did this get resolved, I am having the same problem

  8. Wade says:

    Same problem here. Shame on you XM.

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