Sirius XM Subscription Class Action Lawsuit

 Sirius XM Subscription Class Action Lawsuit

By Mike Holter

A federal class action lawsuit claims Sirius XM Radio advertised 2-year subscriptions for $227.05 but actually charged $249.99 for them.

Plaintiff Joel Broida alleges in the Sirius XM Radio class action lawsuit that he purchased a two-year “Family Friendly” internet radio plan based upon advertised rates that anyone who purchased a 24-month plan would pay for only 19 months, i.e. receive “5 months free.”

“At the time of this advertisement, Sirius XM charged $11.95 per month. The two-year plan should, therefor, have cost $227.05. Instead, Sirius XM charged plaintiff and its other customers $249.99 for the 24-month plan,” states the Sirius class action lawsuit.

Under the Internet Tax Fairness Act (ITFA), the lawsuit continues, no state of political subdivision can impose taxes on internet access during the period beginning November 1, 2003 and ending November 1, 2014. “Despite the prohibition on taxation of internet access enacted by the Internet Tax Fairness Act, Sirius XM charged, and continues to charge, their customers fees and taxes based upon, in part, the cost of internet access.”

The Sirius XM subscription class action lawsuit is brought on behalf of (1) all Sirius XM customers, past and present, who contracted for internet radio services and were charged fees and/or taxes based upon the cost of internet access and/or (2) all Sirius XM customers who purchased the 24 month Family Friendly Plan and who paid more than $227.05 for that service at the time when Sirius charged $11.95 per month and advertised such purchasers would receive “5 months free.”

The Sirius XM class action lawsuit is seeking damages, restitution and attorneys’ fees based on alleged Breach of Contract, Violation of Consumer Protection Laws, and False Advertising.

A copy of the Sirius XM Subscription Class Action Lawsuit can be read here.

The case is Joel Broida, et al. v. Sirius XM Radio, Inc., Case No. 11-CV-1219 LAB RBB, United States District Court, Southern District of California.