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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
Just happened to me yesterday too. I have one lifetime, and two other vehicles with subscriptions. I cancelled everything but the lifetime. My new angle will be a refund for the lifetime membership that is prorated. I want my lifetime transferred or I want nothing from them at all. Bye Howard Stern, your employer is killing your audience.
Same thing happened to me. Bought TWO lifetimes memberships in 2002 for $500 a piece… Refused to honor it when I bought a new car- wanted me to provide a receipt of the purchase, which I could not find find after 13 plus years. Pitiful that they cant honor their original contract.
Yup! Same thing happened to me and my wife! Add me! Thanks! :( Grrrr!!! Rude jerks!!!
Bought lifetime subscription on 11/10/2008 $359.64
I am still alive driving the same vehicle
They just deleted me, customer service is an anemic joke and non existent
They base business practices on lies, bullshitt and greed
Where can I sign up for this class action suit. We paid $500 for “lifetime…”, and the very first time I attempted to assign my service to a new car radio, I was told I will need to pay $75 to put the service on a radio, and that the lifetime service is no longer valid ?!?!?
I see that a judge dismissed the case against Sirius – the second time a case against Sirius for this lifetime membership contract fraud has been dismissed. ?!?!? wft is going on? Clearly Sirius is not providing the services they contracted and were paid for. So wrong!
Why is this not being fought. They clearly are not honoring their contracts
I am glad others are in same boat as me when I was sold lifetime I was told my lifetime my first receiver stolen then cars became more sophisticated now my car was totaled and they won’t move it the woman was very rude and acted like I was stupid maybe I was for giving them the money when they needed it no competition now
I have faced the same response from Sirius when I transferred my lifetime subscription from my old vehicle and had to pay an additional $75 cost for the transfer. I recently replaced that vehicle and attempted to trainfer my subscription again but was denied. I asked to speak with their manager and was told that if I agreed to pay the $75 transfer fee and sign an agreement not to transfer again they would transfer it, but, I have not had it transferred and thought I would consult a lawyer.
I am now dealing with this issue. I purchased a lifetime service in 2008 right before the merger and was told that my service would transfer to any new car I purchased. The agent told me that any new car I purchased would qualify…she also told me that it didn’t matter if I purchased 10 cars in 10 years or 1 car in 20 years, my subscription will go with me. Now they are saying that their system will not let them transfer to my new car. So not happy right now!!!
They are doing the same thing to me…
45 minutes on the phone today- SAME experience
Same for me. I got my lifetime from Sirius before mention of a merger (2005?). L I F E T I M E
When I transferred from my portable receiver to my 2008 car, I was told 4 xfers (5 radios) unless there was a warranty failure (then an xfer would be honored without it being taken from my total). so that was their first adjustment to their contact.
This week I called to xfer to my new 2017 car and was told is used up all my xfers. WTH? 2 does not equal 4.
30 minutes while support talked to supervisors and legal. Then they told me to fax my request in. Fax? Really? But I did.
Today I got a call (2 days later). 5 minutes and I was done. THEN I GOT THE EMAIL. It started this was a courtesy transfer and they had exceeded their obligation.
I beg to differ. At 1 car every 10 years, I still have 30 more years of service under their first changes (lifetime doesn’t mean lifetime but instead means 4 xfers across 5 radios). I still have 2 more xfers to go (3 receivers counting the current one).
Just got off the phone with them , after transfering my LTS twice in the past now it can’t be done.
ADD ME TO THE LIST
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