Sarah Mirando  |  April 19, 2012

Category: Legal News

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.

Follow us on Twitter and Facebook for the latest Class Action Settlement News!

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.

 

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

 

Updated April 19th, 2012

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2012 Top Class Actions® LLC
Various Trademarks held by their respective owners.

84 thoughts onSirius XM Everything-Lifetime Subscription Class Action Lawsuit

  1. James William Jones says:

    Signed up in 2010 for Lifetime membership. Told by the rep I could transfer up to three times to a new car or portable device. They granted me a “one-time courtesy” transfer in 2012 to a new car. I called to see if I could transfer again. Nope. I asked if I could just use the lifetime membership on my portable radio without the car. Nope. They said CarMax had canceled my membership upon receipt of the car and that I can not reinstate it. What a rip off. So convoluted and misleading. I can’t wait to see what their payout is over this.

  2. Gina says:

    I bought my lifetime subscription in 2010 when I had an after market radio. I paid almost $600 and was told I could transfer up to 4 more radios after the initial one. In 2011 I transferred the subscription to the factory installed radio in my new car. I was informed at the time that there was a $50 fee for transferring. I explained I was never told that and I wasn’t about to pay that on top of the almost $600 I had already paid. They waived the fee at that time. I purchased a new vehicle April 2013 that came with an XM 3 mo trial. I called in May to do the transfer and was told I needed to wait until the trial period was over. I called 7/16/13, two days after it expired to do the transfer and was told that my lifetime subscription was no longer valid because I transferred the subscription from my initial after market radio to my factory installed radio. I spoke with 2 listener care representatives and a representative from their cancellation department and no one could make this right. I am in Kentucky and I have every intention of using legal means to make XM honor their subscribers. If anyone is interested in jointly filing a suit (class action or not) subsequent to the one filed in California, which I believe is only for CA residents, please post comments on this page and I will update everyone as the process continues.

  3. Debbie says:

    Purchased 2 Lifetime packages early 2010. Just got charged $348.40 on my credit card with no clue what that could be for. I called and they told me that I had only bought one lifetime package and the other one was for 3 years so the charge was for renewal. I was charged nearly $1000.00 for the 2 packages and I thought that was extremely expensive then. They tell me that they can give me a deal and charge me half price for one year and will not honor the Lifetime package as they no longer offer those packages. I would also like to get in on the national class action suit. How is this done?

  4. Aliengoo says:

    Problem,has the customer read the Lifetime service terms & conditions,likely not.The FTC should review their business practices because their T&C gives carte blanche to SiriusXm to renege on ANY aspect of their service if they want.Isn’t there a reasonable exepectation by the consumer to not lose critical aspects of a product they paid for.Otherwise isn’t SiriusXm in breach of: Unfair Business Practices, Negligent Misrepresentation laws?

  5. Briet B. Steele says:

    XM DID NOT HONOR THE LIVE TIME contract with me either

  6. Briet B. Steele says:

    I had the experience

  7. Brad Jensen says:

    Similar experience!!! I was told it could be transferred 3 times to new vehicles with no charge, as long as the vehicle stayed in my name. Now they refuse to transfer to the new vehicle. This lifetime subsciption was purchased in August 2010.

  8. Robert Y. Ho says:

    I was told the account can be transferred to a new car in December 2012, but now after the trial on my new vehicle is over, Sirius XM would not honor what I paid for the lifetime subscription back in 2009.

  9. Melinda Taggart says:

    Please add me too – same thing just happened to me – wont bore you with the details – same as everyone else.

  10. Anonymous says:

    I purchased the lifetime also. I’d like to become part of the case.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.