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. helene says:

    What was settlement for ..Dont remember?

  2. Mike Griswold says:

    please add me yo the class action suit too. What a cluster f

  3. frank tingley says:

    same as everyone above. i paid over 500.00 in 2010 for a lifetime membership, and i tried to add another vehicle tonight, as my subscription hadnt been active in a couple of years, and they would not do it, giving me trouble and static at every turn. i DEFINITELY want in to the class action suit. thanks

  4. Peter butt says:

    I am dealing with the same situation. Bought a lifetime membership in december 2007 with Sirius. Recently my potable truck radio broke so I called and got it transfered for free to my gmc sirrea. I was told they would transfer no charge and it would be lifetime although I would lose stern but get NHL and some other different channels. Also in 2013 they just cut my free Internet radio. Several days after I check my cc and was charged a 40 dollar by sirius cancel fee and my xm sirius account says renewAL date 2018. I called sirius and they refunded the 40 dollars plus tax said they forgot to refund me. Then called xm and I asked why does my subscription have a renewal date. He told me I am mis understanding the term life time And that sirius must have forgot to charge me after 40 months were up from 2007. Now waiting for a higher up controller to call me back.Would like in on class action suit, how to sign up?

  5. Bob P says:

    Same issues with the Lifetime subcription as written before. Include me in the class action if it happens.

  6. Jim Schlagel says:

    I was an early adopter and bought lifetime subscription including premium programming in 2006. I just made a transfer to my new vehicle and they charged me $75.00 transfer fee and also said \you have no transfers left as this is the second transfer\. I have asked for them to provide documents that establish their contractual right to charge a transfer fee and so far a bunch of B.S. Also they never said the lifetime subscription had limitations. I had no idea there was a class action already started. I’m likely joining.

  7. Gregory Russ says:

    I retired effective 12/31/14. At least ten years prior I purchased Imy “Lifetime XM “subscription. To my chagrin I just learned I only get one channel. I would like to discover how to join this lawsuit. Something must be done to ensure consumers are not subjected to unethical business practices as is the case here. If someone can advise where we can get an update regarding this suit it would be greatly appreciated. Thanks.

  8. Gary D says:

    Sirius Everything-Lifetime Subscription, they are trying to kill all of their lifetime subscriptions. This is wrong, and very unethical. Is there any other satellite radio companies? does Pandora have satellite radio? I will join this lawsuit? Please help with any info if possible. Sirius and XM should not have been able to merge causing a Monopoly where you cannot get fair Competition on pricing. Before the Merger there was pricing Competition on satellite radio’s..

  9. Kris Bishop says:

    I bought a lifetime subscription back in 09 on our 04 Tahoe, with the agreement that I could transfer the services as needed and at no cost. I transferred it one time to our 10 Ford Flex (not without a huge run around), and subscribed to their travel link service as well. All was great, traded our 10 Flex for an 11 Flex, wanted to transfer all services to the current car and sxm would not do it and subsequently canceled all my services including my lifetime subscription. After going round and round with multiple reps and a rude manager they told me nothing could be done because my account had been canceled WITHOUT my permission. Trying to be agreeable but highly pissed, I asked if they could simply comp me a year of services at no cost, or bill me the transfer fee, NOPE. Couldn’t or wouldn’t do it. Done with SXM.

  10. The Pilotman says:

    Bought lifetime sub in 2007. I presume Sirius pushed it hard because they had financial problems. Now when I wanted to transfer the sub to a car, they told me if I did it would be the last time I could transfer the sub. I told them when I bought this originally these were not the terms, they told me they didn’t care and terminated the call. Unbelieveable. Just another bunch of Wall Street turds.

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