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A satellite radio subscriber has filed a putative class action lawsuit against Sirius XM Radio, claiming the company fails to honor “lifetime subscription” offers.
Filed in the U.S. District Court for the Central District of California on Sept. 12, plaintiff Paul Wright alleges Sirius XM led consumers to believe that its lifetime subscriptions were for the lifetime of the consumer and not the life of the receiver or automobile.
But when subscribers try to transfer the subscription from one receiver to another or from one car to another, the company said “lifetime” referred not to the lifetime of the purchasing consumer, but to the lifetime of the receiver or automobile, the lawsuit reads.
The complaint argues that when XM Satellite Radio Holding and Sirius Satellite Radio merged in July 2008, the combined entity “assumed and acquired all duties, obligations and liabilities of its predecessors.”
Wright says he bought a lifetime subscription from Sirius in Dec. 2006 for $400. No service agreement or other written agreement was provided at the time, he claims.
More importantly, he bought the subscription over the phone, and says that the salesperson didn’t qualify it in any way, leading him to assume that the subscription was for his lifetime.
“At the time of purchase of his lifetime subscription, no verbal or written notice was provided to Plaintiff that the lifetime subscription was subject to or conditioned upon a service agreement, other written agreement, or other terms to be presented at a later date,” the 17-page complaint notes.
Specifically, Wright took “lifetime” to mean his lifetime and says at the time of purchase he received no notice that meant anything other than that or that the subscription was limited to the original device or subject to a limited number of device transfers.
Come Jan. 2016, Wright says he tried to transfer his lifetime subscription to a new Stiletto portable receiver after his old Stiletto quit working but Sirius XM failed to honor the transfer, prompting him to file the proposed class action lawsuit.
“Defendant systematically advertised and sold its lifetime subscriptions to consumers by leading consumers to believe that such lifetime subscriptions were for the lifetime of the consumer. However, when consumers have tried to transfer their lifetime subscriptions from one receiver to another or from one automobile to another, defendant has taken the position that the ‘lifetime’ referred to is not the lifetime of the purchasing consumer, but the lifetime of the receiver or automobile,” Wright told a federal court earlier this week.
The complaint accuses Sirius XM of breach of express contract, breach of implied contract, fraudulent misrepresentation and violations of California laws governing unfair competition and consumer protections.
This is not the first time Sirius XM has faced a class action lawsuit over their lifetime subscription plans.
In 2012, a California couple sued the satellite radio provider claiming the company breached it contract for its “XM Everything-Lifetime NavTraffic” and “Lifetime XM Radio Service” subscription offers by failing to provide services.
That case was dismissed in April 2013 with prejudice as to the named plaintiffs but without prejudice as to any and all Class Members of the putative Class within the complaint.
Wright is seeking certification for a Class of customers, potentially tens of thousands, who purchased a lifetime subscription venturing on the continued existence of the satellite provider.
“Purchasers of the lifetime subscriptions took a chance and paid large upfront lifetime subscription fees to Defendant with no guarantee that Defendant would survive as an ongoing business,” the complaint explains. “But in the hope that if Defendant did survive, their lifetime subscription purchase would pay off over time.”
Wright is represented by Tina Wolfson of Ahdoot & Wolfson PC and Cornelius P. Dukelow of Abington Cole + Ellery.
The Sirius XM Lifetime Subscription Class Action Lawsuit is Paul Wright v. Sirius XM Radio Inc., Case No. 8:16-cv-1688 in the U.S. District Court for the Central District of California, Southern Division.
UPDATE: On June 1, 2017, the Sirius XM Lifetime Subscription class action lawsuit was dismissed. Top Class Actions will let our viewers know if any similar lawsuits are filed!
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93 thoughts onSirius XM Class Action Says Lifetime Subscriptions Not Honored
I want in too. I just tried to transfer my April 2009 lifetime subscription for my 2009 Ford to my new 2017 Kia for $400. I was told that I transfer it to my new vehicle when I eventually bought one and it was supposed to be written on my account notes back in 2009. I even agreed to pay the $75 transfer fee. Apparently that didn’t happen and they wanted me to pay for new subscription. I talked to a manager who was going to give me a deal at 119 per year instead of the 131 they are charging. Back in 2009, the annual subscription was like 89 bucks! I cancelled my subscription. But I’m angry too that the the lifetime subscription should at least let me keep my subscription to listen online as well. I can’t even do that anymore. I guess I need to learn how to use pandora or I heart radio now.
Same with me but
I purchased mine over 10 years ago, went from a portable to a car and it was leased, not the lease is up and I pure based a car, but they will not honor my lifetime agreement, again no contracts signed, just money over the phone, I never agreed to their so called policy changes so I will join the lawsuit asa well.
I emailed corporate, lets see if they do the right thing!
The same thing happened to me. Bought a lifetime subscription in DEC of 2015 over the phone for a new radio that I got for Christmas. In fact the sales person said it was for my life and nothing about the radio. I paid $500 and got screwed. We gambled that the company would even survive back then and then they turned around and screwed the people that actually believed in the product. I’ll join the lawsuit also.
We are in TX can we join the lawsuit too?
I just got of the phone with them where they admitted twice of changes to the terms an conditions regarding the Lifetime Subscriptions. I purchased mine back on late 2005 and have never requested a change in radio until now. I hope this lawsuit gets going and that this is legit.
This is BS form Sirius, when I bought my lifetime subscription back 2010 I did it over the phone and no document or such was ever provided to me about the rules or their regulations. They took my $500 dollars for the lifetime with no issues, I have switched vehicles since 6 years. I bought a new vehicle last June which had a 6 month trial and now they tell me that I can not switch it because it was the 3rd time that I have done it. Now there is someone out there with a free satellite radio service on the old vehicle that I had. It is pretty sad that as a lifetime subscriber you would get screwed like that. If we pay that much upfront they should be able to switch the service as many times as you want as long as you pay the $75 charge for the transfer. But to be limited to 3 that is BS on their part. Like I mentioned before someone out there has a free lifetime radio without paying a dime for it and I am S.O.L. What a slap on the face for a loyal customer. If you need me to sign any petition or document on this lawsuit count me in.
I purchased my lifetime subscription in Aug 2007 for a 2005 Scion tC. In 2013, I transferred it to a leased 2013 VW Jetta, which I only did because I was assured that could transfer it up to 3 times total, while paying a $75 fee for each transfer. I can relate to other postings, having transferred my subscription from one radio to another, and being assured that I am allowed up to 2 more transfers, with no explicit distinction being made between portable or factory installed devices. As far as I’m concerned I should be able to transfer the service up to 2 more times. I no longer own the 2013 VW Jetta, and now own (not lease) a 2015 VW Passat. Apparently I can no longer transfer my subscription to my new car unless I can prove that the original radio was stole, damaged, or defective. This is totally pathetic, and I am highly disappointed with them now. I will gladly join myself to any class action that will set this right for all of us who purchased lifetime subscriptions. I do not want to be the proud owner of a useless lifetime subscription.
I had a lifetime membership on my 2011 VW diesel that VW bought back because of the diesel lawsuit and Sirius wouldn’t transfer it to my new car. They said the car had to be totaled. I would love to sue.
I want in too. I purchased a lifetime subscription and was never told over the phone that it was for the life of the receiver. I now have a new car and cannot switch it over. This us ridiculous. I feel cheated and want them to honor the lifetime agreement
This exact thing happened to me yesterday when I attempted to transfer it from my old car that I’ve driven since 2008. I tried to transfer it over to the new car and they’re saying no since it was on the old car radio. They have officially ruined my excitement of buying a new car. I’m livid and I’m going to push this as far and as hard as I can. I have six lawyers in my family and I will be asking all of them how I can get in on this class action lawsuit.
I had purchased Lifetime XM Radio and was told upon purchase that there would be three free radio transfers. Now I am attempting to transfer my account to a new vehicle and burn one of my transfers, but they are telling me once I transfer to a vehicle that I would lose my other two transfers. Furthermore, they originally told me it would cost $75.00 to transfer the device. They immediately waived this fee when I informed them I was sold three FREE transfers, but they are refusing to honor the three transfers. Any lawyers out there interested in starting a Connecticut Class Action as well can reply here with their contact information.
I purchased my first lifetime subscription in 2006, my second in 2009 because I loved it so much when I bought my wife’s truck. When I bought my second lifetime they added t to my first account, no change just added it and billed me the $399. Plus the othe fees associated, while n the phone I asked about my account on my first truck because I was looking at purchasing a new truck, they explained when I bought my new truck I could call and transfer my account to it and make a total of three transfers per subscription. Well I did buy my new truck in 2010 and it was that easy. Now I come back from being stationed overseas for three years and I have a new car to replace my wife’s truck however, their story is different. Now they will not transfer my wifes subscription because they said it was purchased past a certain date in 2008. I cannot believe that two subscriptions on the same account fall under completely different rules, I was briefed at first that it was a great lifetime subscription, then that I could transfer them up to three times, now that they cannot transfer the account. SiriusXM does not have integrity or the customer in mind.