If you are keeping an eye on the public space, then you might be aware of what happened with the satellite giant Sirius XM. They found themselves in trouble for violating the Telephone Consumer Protection Act. This is basically a federal law which protects consumers from the telemarketing campaigns. It basically states and protects the consumers from calls in which they have registered themselves on the national do not call registry. It is also applicable if the consumer has registered itself on the company’s do not call list.
So, basically, when someone violates the law, they are not being sued. However, they owe money to the other party on the basis of a class action settlement. So, on the basis of that, a settlement has been filed on the class action lawsuit. It claims that Sirius XM made calls to people who had registered themselves on the national do not call registry and the company’s do not call list as well.
However, in the beginning, Sirius XM denied the whole allegation. They said that they had not violated any kind of law. The settlement will give its consumers some months of free services or even a cash payment.
Who will receive the settlement?
The settlement class basically includes all the people from the United States of America who received different kinds of telemarketing calls from Sirius XM from the 16th of October 2013 up till the 26th of April 2019. They can receive the settlement only if they have received a call from Sirius XM at least twice in a frame of 12 months period after they got their wireless phone or landline number registered on the National do not call registry. Also, it is important to note that a time frame of 31 days has to pass after the registration is done. In those 31 days, Sirius XM can make calls to that particular client. Also, they can receive a settlement if they got their wireless phone and landline registered on Sirius XM’s internal company do not call list.
The Settlement- Terms and Conditions
Sirius XM is actually eligible to provide three months of complete free subscription to the consumers standing in the lawsuit against them. The free access is given to its all-access subscription package. The package includes all of its available channels. Currently, there are 150 channels streaming on their package. The other way of settling this lawsuit would be with the help of cash payment. Settlement fund would include a sum of $25 Million. It will be distributed among all the class members who provide with valid claim forms and proofs. Even attorney’s fees, settlement administrations and service awards will be reimbursed within that. It actually then depends on the class member on how they want to settle the case. They can either choose a free service or a cash settlement. However, it is important to understand that they cannot choose both options.
What is Sirius XM doing?
Well, after certain proceedings, Sirius XM has agreed to pay the sum of $25 Million. They have also agreed to provide free services as a part of the settlement against the violation of the TCPA. This settlement will surely benefit all the consumers who have received a telemarketing call from Sirius XM despite registering their name in the national do not call registry and Sirius XM’s do not call list over a period of 31 days. These individuals are claiming to have received more than once call in a period of 12 months after the registry. Thus, they are eligible for a settlement. The 12 month period is valid from Oct 16th 2013 to April 26th 2019. Plaintiff Thomas Buchanan actually filed this particular case against Sirius XM in March 2017. According to him, Sirius XM continued violating the Telephone Violating Consumer Protection Act. They continued calling the customers in spite of them being registered in the National do not call registry and Sirius XM’s do not call company list. He argued that this is a violation of the federal law as TCPA falls under that amendment. Although, Sirius XM is still standing its ground strong by saying that they have not done any wrongdoing. They believe that they have not broken any law. However, they have still agreed to pay the settlement. The settlement from them was agreed after giving a note which said that the given settlement does not mean that violation of any law happened of Sirius XM did anything wrong. The note further continued that instead by settling this issue down, Sirius XM is avoiding risks of trial and allowing the claims to be settled without stress and further costs.
This settlement will surely benefit all the consumers. It will also stand as an example to all the companies to take such laws seriously.