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. Enrique R. Figueroa says:

    Please add me to this lawsuit……..I do not enjoy the watered down version that I get. I paid over $400.00 for lifetime subscription.

  2. Robert Wanchek says:

    The comments above pretty much sums it up. Please add me to class action

  3. Robert Wanchek says:

    Above comments pretty much sum it up. Please add me to class action.

  4. Eric M. says:

    have had lifetime service with dockable radio since the beginning. Have changed radios before with no issues. Paid $75 each time. Bought a new car and when that free trial ended I paid for a transfer from one of my radios to the car only to find that half of the previously received stations are no longer available. Called customer service and they never picked up. I am pissed. I was looking into Small Claims possibility and found this site. Include me in any action. Thanks.

  5. Sean says:

    Same thing happened to me. Bought the lifetime in 2006. Traded my tuck in 2012. The canceled it. Still steaming about it

  6. Lauren says:

    Paid $600 in 2010 for lifetime subscription, rep apparently committed fraud and told me 5 transfers with no fee. I would love to join this class action law suit!!! I am trying to get the original contract and they refuse to give it to me!!!

  7. Heather Gussman says:

    As everyone above- shelled out money for lifetime subscription & was told transferrable, never mention of fees, nonetheless after merger with XM was told due to merger, contracts not honored. No being grandfathered in as with most mergers. Total rip-off and no one seems to care- clearly, look at these comments!

  8. Matthew Kellebrew says:

    Same issue as everyone before. Bought the lifetime subscription with the understanding that I would be able to use this on up to 3 radios. I bought it back in 2007 and was able to transfer it once, but not again. Spoke with the customer service and they longer honor transfers. So tired of the run around these people give you. The reason they are suffering as a company is from their lack of customer care. Who wants to stay with a service that is continuously trying to rip you off?

  9. Amanda Nutting says:

    I was up sold in October 2010 to the lifetime membership package which could be transferred up to 3 times with a transfer fee. That’s what I was sold and I would never pay $580 for a lifetime subscription for one vehicle. Just went to transfer to new vehicle yesterday and they said they could only honor it if it were before 2007, then they referred me to some terms and conditions that were updated 11/2012 online. Those have no legal bearing on the terms and conditions I was given in 2010. This is called bait and switch and it’s illegal. I am sorry to see so many others in the same situation but it seems like people who purchased in 2010 are most affected. There are a lot of people in this forum alone! Hope they have the recorded telephone calls from 2010 because it seems to me this is more than a few people who were mislead into a phony lifetime subscription.

  10. Joseph Tewksbury says:

    HI, im a 100% disabled veteran living in South Carolina that purchased a lifetime subscription in 2008. A couple of weeks ago i called to verify i could transfer from my aftermarket alpine car radio to a 2014 dodge dart gt thats subscription was ending. I even talked to a manager. They never said anything about oem radio or aftermarket radios. The manager just said portable and car radios. I even verified that portables were house radios. So then today since the 1 year trial from when I bought the dart is ending on May 25th 2015. I called and now im given new information and told basically its my fault for not reading some user agreement thats been changed without my consent and no matter what the ahent and the manager said it wasn’t going to happen. I have all 3 transfers available but apparently if i transfer to an \oem\ id with an attached vin number it is stuck there forever. They called it lifetime…. they should have just labeled it… \Until we screw you over\. I have had subscriptions on and off on top of the lifetime one since around 2001 or so if im recalling correctly. The manager even tried to sell me an aftermarket radio to fix the issue…. im pissed off. What can i do to try to fix this? I got this to make it easier on me and its becoming a burden. This isnt fair for anyone. Joe

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