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. Cheryl+John Heilig says:

    We have 3 lifetime subscriptions in our home. Members for 11 years or more. They started charging $75 fees for service transfers several years ago which was ridiculous!! Today they tell me I cannot transfer my LIFETIME subscription to my new vehicle as I had reached the maximum amount of transfers allowed for this radio.. I purchased a subscription not a radio, was never told there was a limit on transfers. They realized they screwed up when they realized how much money they were losing, and now they are stealing our money. I want to be included in a class action lawsuit, how do you get involved? I also do not want to speak to Kamal or Ansari…I want to speak to someone in the United States.

  2. Eric Schweiss says:

    Same here, 2 lifetime memberships, they did transfer me once, but now say I can no longer transfer my radio unless my car was totaled. Well I sold the car because it has a bad engine and I can not afford to repair. Now I can not transfer my pre-paid lifetime account to my new car. Why? Greed is why.

  3. Curt Miner says:

    Add me as well. They will not transfer my Lifetime Account… period. We bought the account in 2009. Absolutely furious.

  4. Nicklas Frolander says:

    Add me to the list, i just got denied as well.

  5. Lawrence H. Shane says:

    I too purchased a lifetime subscription only to find out lifetime meant lifetime of the radio, not what is commonly known as lifetime. Mine was purchased in 2007. When asked for a copy of the contract in effect at the time I was told it was not available. Add me to any lawsuit.

  6. JEFF ROSSI says:

    SAME WITH ME 2 LIFETIME SUBSCRIPTIONS EACH TRANSFERRED TO NEW VEHICLES AND NOW I CALLED TO TRANSFER AGAIN AND I WAS TOLD THAT I WAS LUCKY LAST TIME – TRANSFERS ARE NOT ALLOWED. NO PROBLEM I WILL NOT BE A CUSTOMER ANY LONGER HOPE THEY GO OUT OF BUSINESS !!!!!!!!!!!! MAJOR RIP OFF

  7. Larry Scott says:

    Just bought a new car yesterday. Tried to transfer my lifetime subscription (2009) and was refused. Mark me down as a participant in this lawsuit, Please. I live in Texas.

    1. A. Highley says:

      They are doing the same to me! I’m furious! My mother and step-father were allowed to transfer. Even the dealership said it should only be aprox. 75$. Called them today and they refused and told me to look over user agreement but they never sent me any in the mail. You pay for a lifetime service and then the treat people like this? Its awful. They shouldn’t offer anything if they don’t actually want to provide it!

      Mine was an 09 vehicle….

  8. Gregory Lis says:

    I have had the same situation, purchased a newer vehicle, have had a lifetime membership for 20 plus years.. was told its a 75$ fee and Im only allowed to tranfer to one more vehicle at a additional cost of 75$ cost. Then going forward my “lifetime’ membership would be cancelled.. HOW IS THIS LEGAL?!
    Please ADD ME TO THIS LIST!

  9. Antoinette says:

    I purchased a new ford fusion in 2009 and it came with a 3month trial. I called to cancel after the 1st month and was offered the lifetime subscription. I ended up purchasing it October 2009. My car was a total loss in October 2014 so I called Sirius who transferred my membership for a $75 fee (or so I thought). Today (02-19-16), the radio in my car went out and the screen displayed the customer care number with a message that my service was deactivated. Never had a problem before so I called Sirius to say I had a lifetime membership so send a signal get my services back. Well after nearly 2hrs, two phone calls and a chat session. I found out that my membership was deactivated in 10/2014 and since they no longer offer the lifetime membership, I ave to subscribe to a new package. After the back and forth, they supposedly escalated my issue with another department to investigate the GLITCH that caused my services to disappear. It was decided that they will GIVE me 30days free service while investigating. After the phone call, I logged into my account online and I see that the type of membership I had has been changed as well as all of my history deleted. I got a feeling that I will be forced into subscribing to one of their newer very expensive subscriptions. I got a feeling they are being very underhanded and doing this to end all lifetime memberships.

  10. Enrique R. Figueroa says:

    I paid over $400.00 for a lifetime subscription. I now have a limited number of stations.

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