• Closed to New Clients
  • Consumer Rights
  • July 10, 2023

Is SiriusXM deceiving you?

You may be entitled to up to $1,000.

  • You can qualify for this claim if you signed up for a SiriusXM subscription plan with a debit or bank account and SiriusXM increased the price of your plan within the past year.
  • SiriusXM subscribers concerned about whether SiriusXM has been misleading you about the true cost of your subscription should sign up.
  • All claims are backed by Labaton Keller Sucharow, a national law firm that has recouped over $25 Billion for people like you.

SiriusXM offers satellite car radio and streaming audio subscription services. To entice customers to sign-up, SiriusXM offers free or heavily discounted promotional periods in exchange for the customer agreeing to set-up automatic recurring payments. Once the promotional period or the initial subscription term ends, the automatic subscription price increases substantially, often with hidden additional fees like the “U.S. Music Royalty Fee” tacked on.

Because SiriusXM’s policy is not to notify subscribers when price increases are going into effect, SiriusXM subscribers are often surprised to learn that they have been charged significantly more than the price that was initially advertised or they were quoted. This kind of conduct without adequate notice is sometimes referred to as a ‘negative option’ scheme and violates state and federal laws that regulate agreements for automatic recurring payments for subscriptions.

Labaton is pursuing private arbitration claims against SiriusXM on behalf of its subscribers that were not properly notified that the recurring charges to their debit or bank accounts were going to increase substantially before their payment method was charged at the new rate. Successful claims could be entitled to compensation of up to $1,000.

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Please remember:

This content is for your information only and is not legal advice. We are not your lawyers until you sign an attorney-client agreement with us. All information provided by you is confidential and will only be used for your case.

Frequently asked questions

TOPICS
  • Miscellaneous
What is arbitration?
Arbitration is a private dispute resolution process. Your claim will not be filed in court. Your claim will be decided by an arbitrator, who is a neutral person chosen by you and the company. We can select an arbitrator for you who is fair and neutral.
Is arbitration confidential?
Yes, arbitration is a confidential, private process.
Once I sign up, how does the process work?
Once you sign up, you’ll be asked to sign our attorney-client agreement. That allows us to investigate your private arbitration claim. Then, log in to your secure client portal. All information is strictly privileged and confidential and will only be used for your claim. Answer a few more questions, upload a few documents, and we’ll take it from there. We’ll analyze your claim and your losses, negotiate with the company, and, if necessary, pursue your claim in arbitration.
How do your fees work?
Our fees will be a percentage of the settlement or recovery we obtain for you. That amount will depend on the rules in the state you live in. We only receive a fee if you win, and you will never owe us any money.
What is a ‘negative option’ business model?
A negative option is when a company keeps sending you their product or service and charging you for it until you tell them to stop. This often happens with subscription services like magazines, book clubs, or online software. You might start with a free trial or with discounted promotional pricing but the subscription keeps going after the free trial or discounted promotional period ends until you explicitly cancel the service. This can be handy because you don't have to remember to reorder every time, but it might also surprise you with unexpected bills if you didn't realize it would your subscription was going to continue, the free trial period ended, or the price of the subscription was going to increase.
Are Negative Options Illegal?
It depends. Companies that use negative options benefit from customers’ confusion around subscription billing practices and cancellation policies, so the government has issued guidance about how companies that offer negative option recurring payment plans for products or services. These laws require them to adequately inform their customers about the key terms of service.
For instance, The Federal Trade Commission has recently issued a “Negative Option Rule” that provides companies with guidance on how to adequately inform their customers. If a company fails to provide these disclosures to consumers, they may be liable under federal or state law. Under the FTC’s Negative Option Rule, Companies are required to clearly and conspicuously disclose the material terms of the offer on all promotional materials. These terms include the right of a subscriber to cancel their membership at any time, whether charges include postage and handling, and ways in which the subscriber can notify the seller if they do not wish to complete the transaction. Recently, the Consumer Financial Protection Bureau issued a Consumer Financial Protection Circular that companies engaged in negative option transactions can violate the Consumer Financial Protection Act if the company 1) misrepresents or fails to clearly and conspicuously disclose the material terms of a negative option program; 2) fails to obtain consumers’ informed consent; or 3) misleads consumers who want to cancel, erects unreasonable barriers to cancellations, or fails to honor cancellation requests that comply with its promised cancellation procedures.

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