Sirius TCPA Lawsuit Asks For Class Certification Extension

The satellite radio company Sirius XM faces a putative Telephone Consumer Protection Act class action lawsuit if a Virginia federal court approves the plaintiffs’ request to extend the deadline for class certification.

Lead Plaintiff Francis Hooker claims there is a good reason why he was unable to meet the previous TCPA class action lawsuit deadline pointing to a pending bid to consolidate the Sirius lawsuit with similar cases into a multidistrict litigation.

The Judicial Panel on Multidistrict Litigation denied the request for a Sirius XM Radio MDL and the failed process reportedly overlapped the earlier class certification deadline.

According to the Sirius TCPA class action lawsuit, the radio company allegedly used an automatic telephone dialing system to call new car buyers who had a complimentary trial of the satellite service urging them to pay for a subscription. Hooker claims that Sirius uses “predictive dialing” equipment to place robocalls to cellphones without consent which is a violation of the TCPA.

TCPA Overview

Customers of all ages are often times victims of TCPA violations without realizing they have rights that will protect them.

Congress enacted the Telephone Consumers Protection Act in 1991 as a way to protect customers from telemarketers who use robocalls to deliver prerecorded messages without prior express consent. In 2013, the TCPA revised the definition of “express consent” to mean a signed written agreement between the business and customer with the exception of calls from debt collection agencies.

Violations of the TCPA include:

• Unsolicited cell phone calls
• Calls to homes before 8 a.m. or after 9 p.m. local time
• Unsolicited text messages
• Robocalls with prerecorded messages
• Calls to consumers who specifically ask the company not to call them
• Unsolicited advertising faxes
• Failing to identify the person or entity on whose behalf the call is being made
• Using an automatic dialing system to place phone calls
• Calling consumers placed on the National Do Not Call Registry

Due to the large volume of calls that go out all at once, companies who are found liable of TCPA violations are often required to pay millions of dollars to plaintiffs. If a customer can prove a TCPA violation has occurred, they can be awarded up to $1,500 per incident.

Numerous companies hire third-party companies to send out the unsolicited cell phone call and text spam messages thinking that it will save them from a TCPA lawsuit. However, if the plaintiff can show that the business was aware of the third-party actions they may be held liable as well.

TCPA Lawsuits

As more individuals begin to understand their rights they choose to hold companies accountable for TCPA violations by filing lawsuits. Over the past few years, multiple TCPA class action lawsuit settlements have awarded plaintiffs millions of dollars.

Hundreds of TCPA lawsuits have been filed throughout the U.S. and the numbers continue to grow. If you received an unwanted cell phone call, text spam, robocall or any call that used an automatic telephone dialing system, contact a TCPA lawyer to find out if you have legal claim.

The Sirius TCPA Class Action Lawsuit is Hooker v. Sirius XM Radio Inc., Case No. 4:13-cv-00003, in the U.S. District Court for the Eastern District of Virginia.

UPDATE: The Sirius TCPA class action settlement is now open! Click here to file a Claim.

UPDATE 2: 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.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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