Steven Cohen  |  January 16, 2020

Category: Legal News

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Sirius XM TCPA callClass Members in a lawsuit against Sirius XM Radio have asked a federal judge for final approval of a class action settlement worth $32.4 million arising from claims that the satellite radio service violated the Telephone Consumer Protection Act. 

The settlement would provide more than 14 million Class Members with the choice of receiving a cash payment from a $25 million pool or three months of Sirius XM’s best service package.

In addition, the agreement also will ensure that Sirius XM makes changes to their business practices.

Plaintiff Thomas Buchanan says that since preliminary approval of the settlement, 433,528 individuals have submitted claim forms while only 129 people have asked to be excluded.

“Plaintiff respectfully submits that the robust number of claims speaks to the effectiveness of the notice plan, the ease and efficiency of the claims administration program, and the quality of settlement relief negotiated by Class counsel,” the motion for final approval argues.

In March 2017, Buchanan filed a class action lawsuit against Sirius XM claiming that the company made illegal telemarketing calls to people who had placed their number on the national or defendant’s do-not-call list.

The motion for final approval also states that Sirius XM opposed a pending class certification motion filed with the court and argued that their conduct did not cause any injury or damage. That said, the company has agreed to the terms of the class action settlement to avoid future litigation expenses.

The settlement Class in this lawsuit include those who received more than one telephone call from Sirius XM in the 12 month period after registering their number with the National Do-Not-Call Registry or those who received one or more calls after registering their number with Sirius XM’s internal Do-Not-Call list.

The motion for final approval states that, based on those who have opted to receive three free months of the radio service, the fair market value of this option is $7,436,772, which is in addition to the $25 million. The total settlement value would then be $32,436,772, according to the plaintiff.

Sirius XM has also agreed to change its internal practices to make sure that trial subscribers who ask to be placed on the company’s internal Do-No-Call list are done so promptly. In addition, the settlement calls for Sirius XM to provide directions in its welcome kit to explain that consumers may be contacted by telephone and what steps can be taken to place themselves on the company’s internal Do-Not-Call list.

“Plaintiffs agree that Sirius XM has taken substantial steps to communicate its calling practices to trial subscribers and that in so doing Sirius XM has enhanced its EBR defense upon which it relies on calling trial subscribers to market paid subscriptions,” the motion argues.

The plaintiff states that he will not ask for a fee of more than 20 percent of the total value of the settlement.

“Avoiding years of additional litigation in exchange for the immediate economic certainty of this Settlement favors preliminary approval,” the motion for final approval states.

Are you part of the Sirius XM settlement? If so, leave a message in the comments section below.

The plaintiff is represented by Jarrett L. Ellzey and W. Craft Hughes of Hughes Ellzey LLP, Henry A. Turner of Turner Law Offices LLC, Aaron Siri and Mason A. Barney of Siri & Glimstad LLP, Douglas M. Werman of Werman Salas PC, Jonathan D. Selbin and Daniel M. Hutchinson of Lieff Cabraser Heimann & Bernstein LLP and Mark A. Alexander PC.

The Sirius XM Telephone Consumer Protection Act Class Action Lawsuit is Buchanan v. Sirius XM Radio Inc., Case No. 3:17-cv-00728, in the U.S. District Court for the Northern District of Texas.

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131 thoughts onSirius XM Class Action Settlement Seeks Final Approval

  1. Vincent Bernard Buchanan says:

    I am the person who filed the lawsuit. Nevertheless have have been duped by family and friends to keep me isolated.confused and full of illusions. This explains why they wanted me homeless are even set up to go to jail these pass years so I want recieve any legal documents pertaining to this matter…Can anyone of legal Assistance call me at 8173539706. I have been used for the benefit of others who are close to me. My signature have been forged without my consent and my identity have been fraudulent used to reap the rewards of what’s mine

    1. Vincent Buchanan says:

      I can be contacted 2819601512

  2. Bill says:

    I was in on the last payout a couple years ago. I’m still listening to my settlement even now in my Forester and now I get double checked for $9.30 Yay!!!

  3. Rollie Jay Boorsma says:

    It seems like it was EONS ago that I did consent to be a codefendant in this suit.

    I have NO recollection of receiving a prior/first check much less ‘cashing’ or depositing one.

    If I did receive a check, and it looked hokey (like a `postcard’ check), I would have shredded it without investigating.

    The 9.30$ check I received today looks WAY legit BUT… SCAMMERS are getting SOOOOOO good at their trade.

    I’ve spent a little time investigating and just ain’t coming up with a warm-and-fuzzy feeling about this “Citibank” check.

    Like others commenting I have no Citibank Branch (in Michigan) to visit and quiz.

    I DO have an appointment later this week with my CHASE Bankster and I will ask her if it’s legit. Time will tell.

    Me???

    “PO Box 444; Claysburg, PA 16625-0444” –when the lawsuit is/was in Arizona– ain’t getting my bank account and routing number info for NO amount of dollar$!

    Stay SAFE out there Pilgrims…

  4. Kari says:

    I received a check in the mail today in Illinois from them for $9.30 thanks TCA :)

  5. Miss Beach says:

    Me too I wonder what they sent us ?

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