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. Corn says:

    I just called today to transfer to another car…was told could not do it as got my lifetime in 2009, can only be to a portable device etc with a 75 fee. I called back in feb 2012 to help my sister to transfer her lifetime to her new car and they did it back then only 75 fee (she got her lifetime in 2009!). I would like to be added…please send me the info

  2. Alan Brewer says:

    I bought my Lifetime membership back in 2003 when they were hurting financially. This was before they limited their transfers to 3 and before their were Sirius radios in cars. They have been changing the rules to weed out us lifetime members. What do they think “Lifetime” means? Now they tell me I cant transfer my membership to my new car. The call ended with one of their managers hanging up on me.

    1. Vladimir Langer says:

      Alan, I don’t know if this is the end or if we have a chance to get our Life time service reinstated. I have searched and found nothing. I wrote to the President of Sirius, but have not even receive an answer. If you find anything, let me know, please.

      vlad

  3. Vladimir Langer says:

    Same situation. Bought a new car in 2010 and paid some $450 for lifetime membership. Was told It was transferable for $75 fee, up to three times. No paperwork, no contract, no signature, all verbal. I just bought a new car and requested to transfer the lifetime contract. Sale person told me that it is not possible because some “small print” in the contract I have never seen or signed? Asked for supervisor and she kept reading the “contract”. This is unbelievable. I would like to know more about this class action suit. I live ion California. Help, please

  4. ken campbell says:

    purchased lifetime in 2oo7 with new dodge
    cant get sirus to change my account info and transfer to new radio even though car was sold..
    and current owners can-access my info had to cancel discover care because of it for it..

    ho how it get in on it
    i want my lifetime transferred at no fee to my new radio

  5. Jarrett Fisher says:

    I purchased my lifetime subscription back in 2004 so I am still able to transfer my subscription as many times as I like; however they now tell me I have to pay a $75.00 fee to transfer my subscription. I have transferred my subscription 3 times previously with no fee whats so ever and I am pretty sure there was no mention of this fee when I signed up.

  6. mike west says:

    Having same issue with transferring lifetime subscription purchased back in 2009..! I’ve also tried to get a vehicle tuner which they wont sell me and said they don’t offer anymore. Please include me in this matter I am also in Texas.

  7. Jeffrey Hamel says:

    Hi, I live in Massachusetts. I had the same thing happen to me with 2 lifetime subscriptions. I was told they couldn’t transfer. Can I join this lawsuit? Please help with any info if possible.

  8. Rob says:

    I would like to be added to lawsuit also. I also have the 1.5 hour conversation recorded with 3 Different reps, each who tried to transfer my portable subscription to a vehicle, but without telling me that by doing so the lifetime subscription dies with the hardware in the vehicle. Also I would lose my lifetime internet. When sold my subscription in 2008, and then an additional in 2009, I was told I could transfer it any number of times for the $15 fee, Now when I go to do that, I am told I cant, but then I can, for $75. Then for $50. Then No $75. Basically they are trying to kill all of their lifetime subscriptions. This is wrong, and very unethical.

  9. RICHARD BOVE says:

    I bought a lifetime subscription in 2009 they were supposed to transfer my car 3 times well when time came in 2011 they charged 75.00 now i have a 2013 and they will not transfer they are chargeing me for a new plan. When I called they it took 62 minutes on the phone and they were exterely rude telling me it was too bad.What a rip off.

  10. james conroy says:

    bought life time and they lied

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