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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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28 Comments

  • Anonymous April 23, 2012

    Purchased Lifetime in 2010. I was informed by Sirus that it would be transferred to a new vehicle. Over 400.00 for two years and just purchased 2012 and now they tell me NO refund and cannot be transferred after 2007. One year ago they claimed NAV and Traffic would not work because of software changes and I would have to purchase it separately but I refused. Major rip off!!!

    • Frank merkel May 24, 2014

      Now they are not honoring the portable subscription. Had lifetime since 2006 radio stopped working today and stated on display needed to reactivate radio. I have full bars on my receiver and the time is correct, after two hours on phone Sirius stated my radio was bad. No my radio is still fine, they are blocking the signal to my specific serial number so I will replace my radio and lose one of my transfers. No one at Sirius can tell me why I have full bars and cant get a signal. Either the radio gets reception or it doesn’t, how am I getting a message that says call 1888-sirius-sucks, I doesn’t make sense.

  • Anonymous April 30, 2012

    Purchased Lifetime early 2008. Just bought a 2012 vehicle and they would not transfer. They have a wimpy November 2011 “UPDATE” to the customer agreement that says NOW you can’t transfer. How can they not honor what was purchased in 2008? I want in on this class action suit — however I live in Texas. Any advice on how to get added on to this and make it a national class action suit?

  • Anonymous June 27, 2012

    Similar experience, I signed up for a lifetime Sirius membership back in 2007 under the assurance that it would be transferred to up to 3 new receivers without charge and am now being told that I can’t transfer without a $75 fee.

  • Anonymous June 28, 2012

    I purchased lifetime memberships for three vehicles. I just traded the oldest one, and they will not transfer my lifetime membership to my new GMC Terrain. There was no mention of paying $75.00 fee either, just that they would not do it. I would like to get in on this Class Action Law Suit if possible.

  • Anonymous July 28, 2012

    I purchased a lifetime membership and was told it was transferable to another vehicle along with a fee of 75 dollars. I just purchased a new chevy and I spent an hour on the phone and the customer rep said no they would not do it. Nothing he could do at all. This was after an hour on the phone. They will not transfer a service they sold and I paid for but they sure know how to transfer phone calls to avoid helping the customer.

  • Anonymous August 3, 2012

    Bought the LIfetime… I had REP tell me THREE times it was transferrable… For a fee… But it was transferrable…. Now when bought a new car Sirus told me it had the wrong software and then when I surprised them with my wife’s car that has the same software they changed their story and said if was NOT transferrable… I have been ripped off…

  • Anonymous August 3, 2012

    Bought the LIfetime… I had REP tell me THREE times it was transferrable… For a fee… But it was transferrable…. Now when bought a new car Sirus told me it had the wrong software and then when I surprised them with my wife’s car that has the same software they changed their story and said if was NOT transferrable… I have been ripped off…

  • Anonymous August 16, 2012

    Similar experiences from what’s already noted. Purchased a lifetime subscription for my vehicle in 2010 and was assured by the representative that it would transfer, up to 3 times, to my new vehicle. There was no mention of a transfer fee or anything. Today, I called to have my subscription transferred to my new vehicle and was told the transfer is only applicable from portable to portable equipment and not OEM (Original Equipment Manafacturere) equipment. Again, having asked this specific scenario of transferring from current vehicle to new and being told yes, I feel Sirius/XM is, in my personal opinion only, a very deceptive and dishonest company with HORRRIBLE customer service. Think it’s somewhat ironic that Mel Karmazin, CEO of SiriusXM, sends out an “Important Message from the CEO” which states “but nothing is more important to me than our subscribers.” Will Mel, i’m calling BS on that statement. Especially with the experiences being more than numerous regarding this very issue.

  • Anonymous August 17, 2012

    I purchased a $430 lifetime subscription which had the $75 one time transfer option. Now I am told that Sirius XM will not honor that subscription nor the transfer and that I should now pay $699 for a new Sirius XM subscription. I was told that service purchased before 2007 were transferable, but not after.
    Someone please tell me how to be added to this lawsuit or how we can hold Sirius XM accountable for false representation!

  • Anonymous August 22, 2012

    I purchased a life time contract for my 2007 Merc. s550 in 2009 I purchased a second car 2010 Merc. GLK350 and purchased a second life time contract.In january 2012 I retired and before I sold my work car (2010 Merc GLK350) I called Sirius to find out what I needed to do to transfer my Life time contract to another radio. They told me tif I bought a radio from them for another car and had it installed ,they would then transfer the life time account from my life time account in the 2010 Glk350 to the radio I purchased from them. I bought the radio,had it installed and called them to activate the radio and was then told that I couldn’t have the life time account any more because the contract had been changed for the 2009 purchase and could not be transferred. After many hours (12+) on the phone with many rep’s in their cue I ended up with the radio and a promise of one year free servicein the car radio I purchased from them ,but no more life time membership which I purchased for the 2010 GLK,as they had changed the contract,stating I could not transfer the radio from the car I had it originally installed in . I have never received a written contract from Sirius for either lifetime contract I have purchased.

    So Now I have one Life time contract in my S550 and a one year gift with the $75.00 transfer fee forgiven (so the last person in the cue told me from the Phiippines said) WHAT A DEAL!!!

  • Anonymous October 29, 2012

    I purchased the lifetime also. I’d like to become part of the case.

  • Melinda Taggart February 22, 2013

    Please add me too – same thing just happened to me – wont bore you with the details – same as everyone else.

  • Robert Y. Ho March 12, 2013

    I was told the account can be transferred to a new car in December 2012, but now after the trial on my new vehicle is over, Sirius XM would not honor what I paid for the lifetime subscription back in 2009.

  • Brad Jensen March 23, 2013

    Similar experience!!! I was told it could be transferred 3 times to new vehicles with no charge, as long as the vehicle stayed in my name. Now they refuse to transfer to the new vehicle. This lifetime subsciption was purchased in August 2010.

  • Briet B. Steele March 29, 2013

    I had the experience

  • Briet B. Steele March 29, 2013

    XM DID NOT HONOR THE LIVE TIME contract with me either

  • Aliengoo April 1, 2013

    Problem,has the customer read the Lifetime service terms & conditions,likely not.The FTC should review their business practices because their T&C gives carte blanche to SiriusXm to renege on ANY aspect of their service if they want.Isn’t there a reasonable exepectation by the consumer to not lose critical aspects of a product they paid for.Otherwise isn’t SiriusXm in breach of: Unfair Business Practices, Negligent Misrepresentation laws?

  • Debbie May 9, 2013

    Purchased 2 Lifetime packages early 2010. Just got charged $348.40 on my credit card with no clue what that could be for. I called and they told me that I had only bought one lifetime package and the other one was for 3 years so the charge was for renewal. I was charged nearly $1000.00 for the 2 packages and I thought that was extremely expensive then. They tell me that they can give me a deal and charge me half price for one year and will not honor the Lifetime package as they no longer offer those packages. I would also like to get in on the national class action suit. How is this done?

  • Gina July 17, 2013

    I bought my lifetime subscription in 2010 when I had an after market radio. I paid almost $600 and was told I could transfer up to 4 more radios after the initial one. In 2011 I transferred the subscription to the factory installed radio in my new car. I was informed at the time that there was a $50 fee for transferring. I explained I was never told that and I wasn’t about to pay that on top of the almost $600 I had already paid. They waived the fee at that time. I purchased a new vehicle April 2013 that came with an XM 3 mo trial. I called in May to do the transfer and was told I needed to wait until the trial period was over. I called 7/16/13, two days after it expired to do the transfer and was told that my lifetime subscription was no longer valid because I transferred the subscription from my initial after market radio to my factory installed radio. I spoke with 2 listener care representatives and a representative from their cancellation department and no one could make this right. I am in Kentucky and I have every intention of using legal means to make XM honor their subscribers. If anyone is interested in jointly filing a suit (class action or not) subsequent to the one filed in California, which I believe is only for CA residents, please post comments on this page and I will update everyone as the process continues.

  • James William Jones September 2, 2013

    Signed up in 2010 for Lifetime membership. Told by the rep I could transfer up to three times to a new car or portable device. They granted me a “one-time courtesy” transfer in 2012 to a new car. I called to see if I could transfer again. Nope. I asked if I could just use the lifetime membership on my portable radio without the car. Nope. They said CarMax had canceled my membership upon receipt of the car and that I can not reinstate it. What a rip off. So convoluted and misleading. I can’t wait to see what their payout is over this.

  • james conroy October 12, 2013

    bought life time and they lied

  • RICHARD BOVE November 27, 2013

    I bought a lifetime subscription in 2009 they were supposed to transfer my car 3 times well when time came in 2011 they charged 75.00 now i have a 2013 and they will not transfer they are chargeing me for a new plan. When I called they it took 62 minutes on the phone and they were exterely rude telling me it was too bad.What a rip off.

  • Rob February 9, 2014

    I would like to be added to lawsuit also. I also have the 1.5 hour conversation recorded with 3 Different reps, each who tried to transfer my portable subscription to a vehicle, but without telling me that by doing so the lifetime subscription dies with the hardware in the vehicle. Also I would lose my lifetime internet. When sold my subscription in 2008, and then an additional in 2009, I was told I could transfer it any number of times for the $15 fee, Now when I go to do that, I am told I cant, but then I can, for $75. Then for $50. Then No $75. Basically they are trying to kill all of their lifetime subscriptions. This is wrong, and very unethical.

  • Jeffrey Hamel February 18, 2014

    Hi, I live in Massachusetts. I had the same thing happen to me with 2 lifetime subscriptions. I was told they couldn’t transfer. Can I join this lawsuit? Please help with any info if possible.

  • mike west March 2, 2014

    Having same issue with transferring lifetime subscription purchased back in 2009..! I’ve also tried to get a vehicle tuner which they wont sell me and said they don’t offer anymore. Please include me in this matter I am also in Texas.

  • Jarrett Fisher April 17, 2014

    I purchased my lifetime subscription back in 2004 so I am still able to transfer my subscription as many times as I like; however they now tell me I have to pay a $75.00 fee to transfer my subscription. I have transferred my subscription 3 times previously with no fee whats so ever and I am pretty sure there was no mention of this fee when I signed up.

  • ken campbell July 28, 2014

    purchased lifetime in 2oo7 with new dodge
    cant get sirus to change my account info and transfer to new radio even though car was sold..
    and current owners can-access my info had to cancel discover care because of it for it..

    ho how it get in on it
    i want my lifetime transferred at no fee to my new radio

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