Sirius XM Radio Class Action Says Telemarketing Calls Won’t Stop

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A California couple says Sirius XM Radio peppered them with unwelcome and illegal telemarketing calls, even after they repeatedly asked the company to stop calling.

Plaintiffs Michelle and Steve Meza say they received an excess of unwanted telemarketing calls from defendant Sirius XM Radio Inc. as part of an attempt to sell them a Sirius XM subscription. These calls were placed in violation of federal anti-telemarketing laws, they claim.

The Mezas say they got a free, three-month trial subscription to Sirius XM Radio in July 2016 with the purchase of a new car. Neither Michelle nor Steve gave Sirius XM their cell phone number, nor did they enter into any business relationship with Sirius XM.

Yet a few months later, the plaintiffs claim, Sirius XM Radio started calling both of them on their cell phones. They believe these calls were made using an automated telephone dialing system.

Steve Meza says when he answered a call from Sirius on his cell phone, he heard a prerecorded message encouraging him to extend his Sirius XM radio service past the free trial period. He alleges he had to wait on the phone for about 20 minutes before he could tell Sirius he wasn’t interested.

That rejection didn’t stop Sirius XM from calling Steve again, according to the complaint. Steve says Sirius XM called him again five more times in the next few days.

The plaintiffs allege these calls continued into November, even though Steve repeatedly asked them to stop calling.

Michelle and Steve argue these repeated calls invaded a legally-protected privacy interest provided by the Telephone Consumer Protection Act, or TCPA. Originally passed in 1991 to curb mass telemarketing, the TCPA now places restrictions on the ways telemarketers may contact persons on their cell phones.

Under the TCPA, telemarketers are generally prohibited from contacting persons on their cell phones using an automatic telephone dialing system or a prerecorded or artificial voice, unless the person being contacted has consented to that sort of contact. The prohibition applies both to phone calls and to SMS text messaging.

The TCPA allows affected persons to bring a civil lawsuit against the caller. Companies that knowingly or willingly violate the TCPA may have to pay statutory damages of up to $1,500 per violation.

The Mezas are proposing to bring their claims on behalf of a plaintiff Class that would include all U.S. persons who between July 6, 2016 and Nov. 3, 2017 received a non-emergency call on their cell phone from Sirius XM Radio or its agent using an automatic telephone dialing system or prerecorded voice.

They are asking for a damage award, including statutory damages of $1,500 per violative phone call, and a court injunction prohibiting Sirius XM Radio from continuing the telemarketing conduct at issue.

The Mezas are represented by Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group APC and by Joshua B. Swigart of Hyde & Swigart.

The Sirius XM Illegal Telemarketing Class Action Lawsuit is Michelle Meza and Steve Meza v. Sirius XM Radio Inc., Case No. 3:17-cv-02252, in the U.S. District Court for the Southern District of California.

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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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