Sirius XM subscribers file class action lawsuit over falsely advertised prices

Sirius XM class action overview:

• Who: Plaintiffs Cynthia Stutsman and Michael Peterson filed a class action lawsuit against Sirius XM Radio LLC.
• Why: Stutsman and Peterson allege Sirius XM sent misleading emails to Washington consumers that advertised a lower price for its music plans than the company actually charged.
• Where: The Sirius XM class action was filed in Washington state court.

A new class action lawsuit accuses Sirius XM of sending misleading emails to Washington consumers advertising a lower price for its music plans than the company actually charged.

Plaintiffs Cynthia Stutsman and Michael Peterson filed the class action complaint against Sirius XM Radio on May 15 in a Washington state court, alleging violations of the Washington Consumer Protection Act and the Washington Commercial Electronic Mail Act.

According to the lawsuit, Sirius XM’s advertising promised specific discounted monthly prices for its music plans, such as “Get your first 12 months of SiriusXM for $5/mo.”

However, the lawsuit alleges that the advertised prices were false and deceptive because they did not include the company’s U.S. Music Royalty Fee, which increased the true plan price by 21.4% above the advertised price.

For example, contrary to an email that advertised the Sirius XM music plan at a “$5/mo.” rate, Sirius XM actually charged customers $6.07 per month for the music plan, with $1.07 of that amount being the undisclosed and invented U.S. Music Royalty Fee, the plaintiffs say.

Class action: Sirius XM’s email marketing violated Washington law

The lawsuit alleges that Sirius XM’s email marketing violated Washington’s Commercial Electronic Mail Act, which prohibits sending commercial emails to Washington residents that contain false or misleading information in the subject lines.

The plaintiffs argue that Sirius XM knew or should have known that its emails were misleading and that they would have an impact within the state of Washington.

The plaintiffs seek to represent a class of Washington consumers who never paid for a Sirius XM music plan subscription and who received emails from Sirius XM prior to July 1, 2024, which contained false or misleading pricing information in the subject line.

They are suing for violations of the Washington Consumer Protection Act and the Washington Commercial Electronic Mail Act and are seeking an award to each plaintiff and to each class member of $500 in statutory damages for each and every violative email received, plus an award of attorneys’ fees and costs.

In June 2024, four plaintiffs filed a class action alleging that Sirius XM deceptively advertised its music subscription plans at lower prices than it actually charged by omitting a mandatory U.S. Music Royalty Fee.

New York Attorney General Letitia James also sued Sirius XM in December 2023 for deliberately making its subscription cancellation process burdensome, requiring customers to endure lengthy scripts and agent retention pitches.

What do you think of the allegations made in the Sirius XM class action? Let us know in the comments.

The plaintiffs are represented by Daniel M. Hattis, Paul Karl Lukacs and Che Corrington of Hattis & Lukacs and Stephen P. DeNittis of DeNittis Osefchen Prince P.C.

The Sirius XM class action lawsuit is Stutsman, et al. v. Sirius XM Radio LLC, Case No. 2:25-cv-01113, in the Superior Court of Washington for Snohomish County.

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