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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
Add me too. I was NEVER told this at the time I bought in.
I have purchased lifetime subscriptions from Sirius XM, pre and post merger. They did have a legal disclaimer that it is non-transferable, only for one vehicle, and if the radio is replaced under warranty, though I am a little hazy if it breaks and is replaced out of warranty…..
Please add me to the lawsuit. Have purchased 3 lifetime subscriptions since 2005 and being told there is no way to transfer one of them to my new vehicle. They offered to let me pay for another year’s subscription! Told them they could keep it.
David Daugherty
Love to join in. Just got screwed also. 15 year customer with two lifetime memberships. Not letting me transfer now. Total bullshit!!!! Mark Smiley 805876-0521
So after many BS conversations with them, now they’re telling me on my Lifetime memberships they can only be transferred once. So I guess you when you buy a new vehicle it’s no longer “LIFETIME” !!! Please add me to this lawsuit. Absolute bullshit.
We want to be a part of this lawsuit. We bought 2 lifetime plans in 2007. They denied me when I changed cars after honoring for the 2 cars before. My husband after 10 years just got disconnected and they deny we had the lifetime. Please advise.
How do we join this lawsuit? We bought two lifetime subscriptions, one in the 1990s and one in early 2000s. The first one has been transferred three times, but most recently in 2010. The later one was transferred once in 2008, and today they are telling us we’ve exceeded the transfer limit. We have an email saying three transfers allowed (which itself is a violation of our contract with them), then on the phone they said two, and when I pointed out we had only one, they suddenly said just one. They’re a lying, unethical, fraudulent business. Again, how do we join?
I am/was a lifetime membership subscriber to Sirius radio, now SiriusXM. They have denied the transfer of my membership to my new car. I would like to be part of your lawsuit.
William L Young
6541 Highcroft Dr.
Naples, FL 34119
Cell 4845578936
Email Wmyoung44@gmail.com
How do I join? I just got screwed.
Please add me to the lawsuit I purchased lifetime plan then when I went to transfer service to new vehicle they told me it was for the lifetime of the original radio I think $888 dollars would be for lifetime when I bought it they told me I could transfer it
Please add me to the lawsuit. I just tried to transfer the radio to a car I just bought. I was told the limit of 3 transfer exceeded on my lifetime plan which I purchased in 2002 or 2003ish. If I knew the indefinite transfer on radio would be voided after I transferred to built-in car radio first time. I would’ve transfer the lifetime plan to my home radio instead if I was informed that lifetime plan is NOT really for a lifetime. Who in the right mind would do such a thing to jeopardize the lifetime plan on purpose if the correct and accurate information was given. I paid so much money for the plan but they are trying anything not to honor what they offered.