Welcome to the Website for the Hooker v. Sirius XM Radio Settlement.
If you bought or leased a new or used vehicle that included Sirius XM radio on a promotional basis and later received a call to your mobile phone made on behalf of Sirius XM, but were never a paying subscriber prior to July 5, 2016, you may be entitled to benefits from a class action settlement.
A settlement has been reached in a class action lawsuit about whether Sirius XM Radio Inc. (“Sirius XM” or “Defendant”) violated the Telephone Consumer Protection Act of 1991, 47 U.S.C. §227, et seq. (“TCPA” or “the Act”), by authorizing telephone solicitation calls made by or on behalf of Sirius XM to individuals who purchased or leased a new or used vehicle that had a promotional subscription to Sirius XM radio that ended no later than April 5, 2016 and who never became paying subscribers prior to July 5, 2016. The calls were allegedly made to Class Members’ cell phone numbers using an automatic telephone dialing system. The calls occurred during the period between February 15, 2008 and July 5, 2016. Sirius XM denies the allegations in the lawsuit, and the Court has not decided who is right. The Settlement provides Class Members three months of Free Service (as defined below) or the option to participate in a $35 million Settlement Fund.
Class Members who do not opt out of the Settlement Class may receive one of two benefits. Class Members may receive three months of free access to Sirius XM’s Select service (presently $15.99/month, plus applicable sales taxes) (the “Free Service”). Alternatively, Class Members who do not wish to receive the Free Service may file a claim for a pro rata cash payment from a $35 million Settlement Fund after payment of attorneys' fees, service awards, costs, expenses and settlement administration. If you are a Class Member, you must go here to either file a claim in order to receive a cash payment or register for the Free Service.
Your legal rights are affected whether you act or do not act.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:|
|REGISTER||Either register for three months of free Sirius XM Select Service.|
|FILE A CLAIM FORM||Or file a Claim Form seeking a cash payment.|
|EXCLUDE YOURSELF||Request to be excluded and get no benefits from the Settlement. This is the only option that allows you to start or continue your own lawsuit against Sirius XM for the claims at issue in the Settlement.|
|OBJECT||Write to the Court about why you do not like the Settlement.|
|GO TO A HEARING||Ask to speak in Court about the fairness of the Settlement.|
|DO NOTHING||Get no benefits. Give up any rights you might have to sue Sirius XM about the claims resolved by the Settlement.|
The Court in charge of this lawsuit still has to decide whether to approve the Settlement on a final basis. If it does, and after any appeals are resolved, benefits will be provided to those who either complete a qualifying Claim Form or register for the Free Service during the time periods explained in the Notice.