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. Eric Hogan says:

    Same thing happened to me. I purchased the lifetime subscription to Serius on my way home from the airport (coming home from deployment to Iraq). They sold me on Lifetime subscription, now they wont transfer to new car. I want in on the lawsuit.

  2. Raymond Bingham says:

    Having similar problems bought into the lifetime subscription my wife car needed a new radio a recall thing than Sirius said the lifetime subscription doesn’t apply . I still have it in my Dodge but fought tooth and nail With them over it .i want in on the class action .

  3. Toni Nadler says:

    I live in Louisiana, I purchased the Lifetime XM radio plan in 2010. They said I used up my 3 transfers, and that is not true. I am waiting for a call back.

  4. Robert Gomes says:

    Purchased XM Lifetime, with the promise of 3 free vehicle transfers (paid after that). I am trying to transfer my first time and I am getting the runaround.

  5. Robert E. Wetherald says:

    Please add me to the list, I have the same Lifetime agreement as the others with Sirius not willing to transfer to a new vehicle..

  6. Malcolm says:

    Wow I was looking for a deal on XM for a new car and I came accross this page. I know I have many aways to access the music and news I like from my large iPhone and I am going with that now. Thanks for posting here everyone. Now I am going cancel my existing XM account. What a bunch of scum bags.

  7. Lisa Harris says:

    Same here same bulkshit want to transfer my lie time membership to a 3 year plan because my plug in stopped working

  8. Darin Coffman says:

    Same thing has happened to me. Purchased the Lifetime Plan in December 2007 and they will not transfer it to a new radio. If there ever is a class action lawsuit, I WANT IN!!!

  9. CamieMC says:

    I just posted this on another website. I had no idea how long SiriusXM has been ripping off people ///
    Lifetime membership fraud
    Contact information:
    Redlands, California
    United States

    WE NEED A FIRM TO DO A CLASS ACTION LAWSUIT!!!

    When the lifetime membership was present years ago, I jumped on it after I bought the radio. Soon after, my radio broke down & 3 times since, each time was due to the “RECONDITIONED” unit that was installed with the radio & yes, there was a $75 charge. On this 3rd time I was told that if I do another transfer (a replacement radio that again broke down due to the faulty part they install in their radio) I’D HAVE TO BUY ANOTHER LIFETIME SUBSCRIPTION!!!

    SCAMMMMMMM. No other way to say it.

  10. Robert Wanat says:

    I have the same story. I bought the Lifetime subscription in 2005 and now Sirius will not honor my lifetime subscription. I transferred the service in the past to a leased vehicle in 2014 and paid a $75 fee. I attempted to switch this service and pay the new transfer fee for my new lease and Sirius will not honor our contract. I no longer own this car, but the Sirius lifetime subscription is staying with this car. Count me in on the this Class Action Lawsuit.

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