Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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!
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
93 thoughts onSirius XM Class Action Says Lifetime Subscriptions Not Honored
I would like to know who handles the Sirius XM lawsuits. I do not have a lifetime subscription but they have been unauthorized to charge my card. They have been charging me since last year for services that I did not receive. And will not issue a refund, every time I have tried to get them to stop charging my card they try to sell me a new subscription. I told the representative that that is not what I called for and that I would call someone else. He charged my card three times today. I need information on who to contact to get this resolved.
Add me to the list as well. I purchased a Lifetime in 2005 and was told I would receive 5 transfers. Well, just the other day, I contacted them to do my first transfer from old car to new car and this what happen as of 5/10/2018.
* first call ( nice person) – can transfer and when we were almost done, and at the last minute she mention there would be a $75 charge. I said no and that I was told I would receive 5 transfers no charge. At no time did she ever disagree with me on the 5 transfers ( remember this part -5 transfers) So off to another group for support.
* second call (nice person) new person – explained the first conversation and issue to him. He proceeded to tell me that actually, I’m only allowed one transfer and he can waive the fee. I said no and asked for someone who has more authority to possibly solve this issue.(Remember 1 transfer no fee) off the the third person
* third call (defensive and robotic) – after explaining both calls and the issue, I was then told that I only get three transfers and there is a $75 fee. Then she proceeded to tell me that the others two folks were correct in what they were saying????? So , I requested a copy of my original agreement and to my surprise they sent me one, but – there is no account info or any dates on it. It looks generic, just made, or maybe its a recent agreement, but not mine form 13 years ago.
So, again I have requested a copy of my original agreement.
They have set this up by using wear-down tactics so folks just give up. We supported them from going bankrupted with hundreds of dollars per-person put at risk to keep them alive because we believed in it to only get screwed.
I also was hosed on this. After I transferred it to my car they said I was done. Nothing I could do about it….
Im in as well. My story is similar.
Add another one to the list. I bought the lifetime membership back in 2008 time frame. Then in 2012 they transferred the membership from a factory installed radio to another factory installed radio. At that time they told me that I had up to three transfers and this counted as my first one. Now when I tried transferring the account to a new car they tell me that I can transfer from a single factory radio. Such BS!!! They should honor their agreement with the folks like us who helped finance their company.
me to i got ripped on 3 lifetime radios
Same here. I have three lifetime subscriptions and have been told the same thing. No transfer. Why didn’t they tell me when I purchased them. I took it that “lifetime” was my lifetime, not the lifetime of the radio. I am not happy!
I bought my life time subscription in 2005. There was no mention of that the subscription was only for the life of the vehicle. Since then I have sold my car and wanted to transfer to my new vehicle. That’s when I was told I could not transfer to another car and my life time subscription was expired. I’m still alive and my life time subscription is still valid.
Just tried to transfer mine since I bought a new vehicle. I bought 2 lifetime subs in 2002 for $500 piece. They just said I can no longer transfer and had to pay a monthly fee. This really upset me. Not even sure I want to do business with a business that lies and cheats.
This case has since been thrown out. Such a shame… I too am a lifetime subscriber who has reached her “limit” on transferring car receivers. I purchased a lifetime subscription back at the inception of Sirius, and deserve to be able to listen in my car. So angry…
Add me to the list. My lifetime cost $671.00 back in 2006. I have a unresolved issue ticket in with XM currently. I am not happy.