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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 have called twice into SiriusXM support and was advised to submit my claim online by clicking ‘Help & Support’ > Contact US > Unresolved Issue’. I should hear back within two business days.
While I had been an annual subscriber since 9/2007, I didn’t purchase my lifetime until 12/2009. At that time, I purchased my life time subscription for the only receiver I had which was in my 2006 Ford F150. If in 2009, the in vehicle receivers were not eligible for transfer, they should not have sold it the way they did. I was told that I could transfer, up to a maximum of three times, my subscriptions to any other receiver with a transfer fee of $75.00
I purchased two separate Lifetime subscriptions one for my family auto in 2009 and one for my work pickup in 2007. I traded in the car last year and was told that my LT subscription would not be honored. No apology and no offer for a discounted new membership. I am in the process of trading in my pickup and know that I will face the same situation. I also would like to be added to the class action suit.
How do we get notified if this gets brought up again in a suit? I am facing the same problem with my XM for Life
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!
The same thing is happening to me right now. What can I do about it?
Ann-Marie Perrine
Unfortunately, the case was recently dismissed in favor of Sirius requesting that the plaintiff enter into arbitration. We will let our viewers know if any similar cases are filed.
I purchased lifetime 8-4-2016 for $288.27 for 2006 f150, transfered over to 2009 f150 and now trying to transfer over to my new 2017 f150 and they told me they will not do it. add me to the lawsuit.
I ment to say purchased 8-4-2006 in the above post
I would like to be added to the lawsuit. I purchased my lifetime XM subscription in 2008 on my 2008 Chevrolet Impala. I was told for the $400 cost, it could be transferred to up to 3 more vehicles. Today, I called to make a transfer of the service to my new 2017 Chevrolet Impala. I was told in no uncertain terms that I could not do that. It only could be transferred if the car or radio had been stolen. No apologies — just told that’s the way it is.
Joe Haupt
Ellicott City, Maryland
I bought a Buick Lucerne that came with 1 year free Sirius, in 2007. In 2008, when I called to renew, I was offered a lifetime membership, and told that I could transfer it, up to 3 times, if I bought a different car. I recently tried to transfer the membership to my Avalanche, having sold the Buick, and was initially told that I would have to pay $75. I said that fee was not stipulated, when bought the lifetime. I asked to be transferred to a supervisor, and he played whack-a-mole with me, giving specious reasons why my account could not be transferred AT ALL. All I want them to do is honor the deal they made in 2008. They don’t care, they just want a revenue stream, without honoring previous contracts. Isn’t there a law against this sort of thing?
Please add me to the lawsuit. Similar story. They have transferred my service to at least five different radios/vehicles. Now they refuse to transfer it. I bought mine on 2/14/2007. They actually transferred mine last time for a $75 dollar fee about a year ago. Today they acted like they didn’t understand how it all happened.
Please add me to this lawsuit.
Shawn Peppers
385 E Elm St.
Lebanon, MO 65536
Purchased a lifetime subscription in 2006 and they have transfered it for me multiple times from aftermarket tuners to oem to another oem, etc. Now out of the blue they decided that cant transfer it. I was even told that thier policy back when i purchased it was unlimited transfers and after so many years they just decided to change the policy. Talk about poor business practices and deception.
I’m going through it now. I remember when I first purchased LTSubscription was told never have to pay again. One time fee and free transfers. I transferred for free a couple times before 2012. All the sudden had to pay $75 transfer fee then pay additional $20 to be able to listen to Stern