Alvarez v. Sirius XM Radio Inc.

A Settlement has been approved in a class action lawsuit against Sirius XM Radio Inc. (“Sirius XM”), arising out of Sirius XM’s marketing and sale of “Lifetime Plans” or “Lifetime Subscriptions” to its satellite radio service (referred to herein as “Lifetime Subscriptions”). The Plaintiffs alleged that Sirius XM breached its subscription agreement by refusing to honor paid subscriptions which were sold as a “Lifetime Plan” or a “Lifetime Subscription.” Sirius XM asserts that its Lifetime Subscriptions were limited to the life of the radio originally used for the subscription (as opposed to the life of the subscriber) and that its Lifetime Subscriptions were subject to a limited number of radio transfers, subject to a $75 transfer fee for each such transfer.

You are a Class Member and are affected by this Settlement if you purchased a paid subscription account from Sirius XM that was marketed or sold as a “lifetime plan” or a “lifetime subscription.” Please read this website, the Long Form Notice and/or the Settlement Agreement for more important information.

The Settlement benefits available to Class Members will depend on whether you hold an “active” or “inactive” Lifetime Subscription as of June 5, 2020. If the Lifetime Subscription you purchased is associated with a satellite radio that, as of June 5, 2020 was activated to receive Sirius XM’s satellite radio service, and continues to be authorized to receive service, according to Sirius XM’s records, then you have an “active” Lifetime Subscription (whether or not such radio remains in use by you). If the Lifetime Subscription you purchased is, according to Sirius XM’s records, as of June 5, 2020, no longer associated with a satellite radio that was activated to receive service from Sirius XM according to Sirius XM’s records, then you have an “inactive” Lifetime Subscription. To determine whether your Lifetime Subscription is active or inactive as of June 5, 2020, please visit the account verification tool.

Under the Settlement, Class Members with Lifetime Subscriptions that are active as of June 5, 2020 (“Active Lifetime Subscriptions”) will be able to transfer their Lifetime Subscriptions from one satellite radio to another radio capable of receiving Sirius XM’s satellite radio service (either pursuant to a paid or trial subscription to satellite radio and/or data services) for an unlimited number of times provided that they pay a transfer fee to Sirius XM of $35 for each transfer. The Settlement reduces the transfer fee from $75 to $35. If you hold an Active Lifetime Subscription you automatically qualify to receive the benefits provided by the Settlement assuming the Settlement is approved by the Court.

Under the Settlement, Class Members with Lifetime Subscriptions that are inactive as of June 5, 2020 (“Inactive Lifetime Subscriptions”) could have chosen either to (i) reactivate their Lifetime Subscriptions on a satellite radio that is not currently receiving Sirius XM’s service (including paid and trial subscriptions to satellite radio and/or data services) and thereafter transfer their subscriptions from one satellite radio to another radio capable of receiving Sirius XM’s satellite radio service, at their option, for an unlimited number of times provided that they pay a transfer fee to Sirius XM of $35 per transfer, or (ii) receive a payment of $100 in cash and have their Inactive Lifetime Subscription be forever canceled. Inactive Lifetime Subscription holders could have elected to cancel another paid Sirius XM subscription they may have on their account when they reactivate their Lifetime Subscription and receive a pro rata refund of any amounts paid for future service unless such paid subscription purchase included bundled equipment. Inactive Lifetime Subscription holders who elected to reactivate their Lifetime Subscriptions may also obtain Internet streaming access to the Sirius XM radio service for no additional fee to Sirius XM (a feature that is already available to Active Lifetime Subscribers).

If you hold an Inactive Lifetime Subscription you must have submitted a Claim Form to receive any benefit so that it is received on or before January 12, 2021 (the “Claim Deadline”) per the instructions in FAQ 15.

Your legal rights were affected whether you acted or did not act. Read this website, the Long Form Notice and the Settlement Agreement carefully as it advises you of the benefits that may be available to you under the Settlement and your rights and options as a Settlement Class Member.

Your Legal Rights and Options in This Settlement

Do Nothing	If you hold an Active Lifetime Subscription, you will automatically qualify to receive benefits from the Settlement. If you did nothing, you will remain in the Settlement and receive Settlement benefits, which are described in more detail in FAQ 8. However, you will give up your rights to be part of any other lawsuit or legal proceeding against Sirius XM or any Released Parties about the claims made in this case and released by the Settlement. If you hold an Inactive Lifetime Subscription, and you did not file a Claim that was received by the Settlement Administrator on or before January 12, 2021, you will not receive either of the forms of benefit provided by this Settlement and you have given up your rights to sue Sirius XM or any Released Parties for the claims made in this case and released by the Settlement.
Submit a Claim Form	If you hold an Inactive Lifetime Subscription, submitting a Claim Form was the only way that you could have received either of the forms of benefit provided by this Settlement, that is, either the reactivation option or the cash option summarized above, for each Inactive Lifetime Subscription that you hold. If you submitted a Claim Form, you gave up the right to sue Sirius XM or any Released Parties in a separate lawsuit about the claims made in this case and released by the Settlement. You must have submitted a Claim Form so that it was received on or before January 12, 2021.
Exclude Yourself	The deadline to exclude yourself from this Settlement was November 30, 2020. This was the only option that allowed you to sue, continue to sue, or be part of another lawsuit against Sirius XM or any Released Parties for the claims made in this case and released by this Settlement.If you excluded yourself, you gave up the right to receive any benefits from this Settlement.
Object	The deadline to object to this Settlement was November 30, 2020. If you objected, and you are an Active Lifetime Subscriber, you automatically qualify to receive benefits from the Settlement. If you objected, and are an Inactive Lifetime Subscriber, you must have also still filed a Claim Form to receive either of the forms of benefit provided by this Settlement. In either case, you gave up the right to sue Sirius XM or any Released Parties in a separate lawsuit about the claims made in this case and released by the Settlement.
Go to the Final Approval Hearing	The Court held a Final Approval Hearing via video conference on January 25, 2021, which was continued on February 8, 2021. You were not required to attend the Final Approval Hearing. See FAQ 25 for more details.

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions page of this website.