Sarah Mirando  |  April 19, 2012

Category: Legal News

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Sirius XM Everything-Lifetime Subscription Class Action Lawsuit

By Matt O’Donnell

 

Sirius XMSirius XM subscribers have filed a class action lawsuit against the satellite radio company claiming it failed to provide services under its “XM Everything-Lifetime NavTraffic” and/or “Lifetime XM Radio Service” subscription plans.

The Sirius XM class action lawsuit is spearheaded by a California couple who say they paid for a one-year subscription to XM Satellite Radio and XM Satellite Radio’s NavTraffic service. A year later, Sirius agreed to provide both of these services under “XM Everything-Lifetime,” so the couple paid for a lifetime subscription to the Everything plan that would be renewed every year until they chose to cancel it.

According to the Sirius XM class action lawsuit, however, sometime in January 2011, the couple lost service to the XM Radio service, although NavTraffic continued to be received. When the couple contacted Sirius they were told the company was experiencing a “computer glitch” and were provided instructions on how to re-authorize their radio in order to resume the service. Although the couple made several attempts to reconnect their XM Satellite Radio service by following the instructions Sirius gave them, they were unable to successfully restore it.

The couple claim in the class action lawsuit they were then referred to a “special department” that had been established to handle “problem cases” relating to a new billing software system XM Radio had installed. A representative from that department told the couple that Sirius’ new software system could not accommodate the lifetime subscription for which they had paid concurrently with the NavTraffic Subscription and that the only way to fix the subscription was to temporarily place XM Radio service on a three-year status. The representative promised the couple that their lifetime subscription would be reinstated once the computer problem was resolved. However, the couple was later informed that their Customer Agreement had been changed and that Sirius was cancelling their lifetime service and making the three-year plan permanent.

The couple is alleging this constitutes breach of contract to the Customer Agreement and that Sirius has failed and refused, and continues to fail and refuse, to provide the agreed upon services.

The Sirius XM Radio and NavTraffic class action lawsuit is brought on behalf of all current and former residents of California and who paid for XM Everything-Lifetime NavTraffic and/or Lifetime XM Radio Service subscriptions and whose rights have not been honored by Sirius, including:

(1) Any and all such persons who purchased a lifetime subscription in conjunction with NavTraffic or XM Radio and to whom Sirius refused and/or failed to provide either or both such services and/or did so only on condition additional and/or further fees be paid for either or both NavTraffic and/or radio services;

 
(2) Any and all such persons who were informed that a lifetime subscription could not be and/or would not be honored in any fashion and who paid additional fees to receive continuing radio services and/or who surrendered any right to continue receiving said services; and/or,
 
(3) Any and all such persons who were informed that a lifetime subscription could not be and/or would not be honored in any fashion and who surrendered any right to NavTraffic services and/or who paid additional sums to continue receiving such services.
 
The case is Kerry Frank, et al. v. Sirius XM Radio, Inc., Case No. 12-cv-00415, California Central District Court.

 

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Updated April 19th, 2012

 

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84 thoughts onSirius XM Everything-Lifetime Subscription Class Action Lawsuit

  1. Anonymous says:

    I purchased a life time contract for my 2007 Merc. s550 in 2009 I purchased a second car 2010 Merc. GLK350 and purchased a second life time contract.In january 2012 I retired and before I sold my work car (2010 Merc GLK350) I called Sirius to find out what I needed to do to transfer my Life time contract to another radio. They told me tif I bought a radio from them for another car and had it installed ,they would then transfer the life time account from my life time account in the 2010 Glk350 to the radio I purchased from them. I bought the radio,had it installed and called them to activate the radio and was then told that I couldn’t have the life time account any more because the contract had been changed for the 2009 purchase and could not be transferred. After many hours (12+) on the phone with many rep’s in their cue I ended up with the radio and a promise of one year free servicein the car radio I purchased from them ,but no more life time membership which I purchased for the 2010 GLK,as they had changed the contract,stating I could not transfer the radio from the car I had it originally installed in . I have never received a written contract from Sirius for either lifetime contract I have purchased.

    So Now I have one Life time contract in my S550 and a one year gift with the $75.00 transfer fee forgiven (so the last person in the cue told me from the Phiippines said) WHAT A DEAL!!!

  2. Anonymous says:

    I purchased a $430 lifetime subscription which had the $75 one time transfer option. Now I am told that Sirius XM will not honor that subscription nor the transfer and that I should now pay $699 for a new Sirius XM subscription. I was told that service purchased before 2007 were transferable, but not after.
    Someone please tell me how to be added to this lawsuit or how we can hold Sirius XM accountable for false representation!

  3. Anonymous says:

    Similar experiences from what’s already noted. Purchased a lifetime subscription for my vehicle in 2010 and was assured by the representative that it would transfer, up to 3 times, to my new vehicle. There was no mention of a transfer fee or anything. Today, I called to have my subscription transferred to my new vehicle and was told the transfer is only applicable from portable to portable equipment and not OEM (Original Equipment Manafacturere) equipment. Again, having asked this specific scenario of transferring from current vehicle to new and being told yes, I feel Sirius/XM is, in my personal opinion only, a very deceptive and dishonest company with HORRRIBLE customer service. Think it’s somewhat ironic that Mel Karmazin, CEO of SiriusXM, sends out an “Important Message from the CEO” which states “but nothing is more important to me than our subscribers.” Will Mel, i’m calling BS on that statement. Especially with the experiences being more than numerous regarding this very issue.

  4. Anonymous says:

    Bought the LIfetime… I had REP tell me THREE times it was transferrable… For a fee… But it was transferrable…. Now when bought a new car Sirus told me it had the wrong software and then when I surprised them with my wife’s car that has the same software they changed their story and said if was NOT transferrable… I have been ripped off…

  5. Anonymous says:

    Bought the LIfetime… I had REP tell me THREE times it was transferrable… For a fee… But it was transferrable…. Now when bought a new car Sirus told me it had the wrong software and then when I surprised them with my wife’s car that has the same software they changed their story and said if was NOT transferrable… I have been ripped off…

  6. Anonymous says:

    I purchased a lifetime membership and was told it was transferable to another vehicle along with a fee of 75 dollars. I just purchased a new chevy and I spent an hour on the phone and the customer rep said no they would not do it. Nothing he could do at all. This was after an hour on the phone. They will not transfer a service they sold and I paid for but they sure know how to transfer phone calls to avoid helping the customer.

  7. Anonymous says:

    I purchased lifetime memberships for three vehicles. I just traded the oldest one, and they will not transfer my lifetime membership to my new GMC Terrain. There was no mention of paying $75.00 fee either, just that they would not do it. I would like to get in on this Class Action Law Suit if possible.

  8. Anonymous says:

    Similar experience, I signed up for a lifetime Sirius membership back in 2007 under the assurance that it would be transferred to up to 3 new receivers without charge and am now being told that I can’t transfer without a $75 fee.

  9. Anonymous says:

    Purchased Lifetime early 2008. Just bought a 2012 vehicle and they would not transfer. They have a wimpy November 2011 “UPDATE” to the customer agreement that says NOW you can’t transfer. How can they not honor what was purchased in 2008? I want in on this class action suit — however I live in Texas. Any advice on how to get added on to this and make it a national class action suit?

  10. Anonymous says:

    Purchased Lifetime in 2010. I was informed by Sirus that it would be transferred to a new vehicle. Over 400.00 for two years and just purchased 2012 and now they tell me NO refund and cannot be transferred after 2007. One year ago they claimed NAV and Traffic would not work because of software changes and I would have to purchase it separately but I refused. Major rip off!!!

    1. Frank merkel says:

      Now they are not honoring the portable subscription. Had lifetime since 2006 radio stopped working today and stated on display needed to reactivate radio. I have full bars on my receiver and the time is correct, after two hours on phone Sirius stated my radio was bad. No my radio is still fine, they are blocking the signal to my specific serial number so I will replace my radio and lose one of my transfers. No one at Sirius can tell me why I have full bars and cant get a signal. Either the radio gets reception or it doesn’t, how am I getting a message that says call 1888-sirius-sucks, I doesn’t make sense.

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