A court authorized the Notice because you have a right to know about the proposed Settlement of a class action lawsuit known as Francis W. Hooker, Jr. v. Sirius XM Radio Inc., Case No. 4:13-cv-00003-AWA-LRL and about all of your options before the Court decides whether to give final approval to the Settlement. The Settlement also resolves certain similar lawsuits, including the class actions titled Erik Knutson v. Sirius XM Radio Inc., No. 12-cv-0418-AJB-DHB (S.D. Cal.), Yefim Elikman v. Sirius XM Radio Inc., 11:15-cv-02093 (N.D. Ill.), and Anthony Parker v. Sirius XM Radio Inc., 8:15-cv-01710-JSM-EAJ (M.D. Fla.). The Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Arenda L. Wright Allen of the United States District Court for the Eastern District of Virginia is overseeing this case. The people who sued are called the “Plaintiffs.” Sirius XM Radio Inc. is the “Defendant.”Back To Top
The lawsuit alleges that Sirius XM violated the TCPA by allegedly authorizing telephone solicitation calls made to Class Members’ cell phone numbers using an automatic telephone dialing system. These calls were made by or on behalf of Sirius XM to individuals who had 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.
Sirius XM denies each and every one of the allegations in the lawsuit and does not concede or admit any liability whatever, and in particular denies that telemarketing vendors retained by Sirius XM used any automatic telephone dialing systems to call wireless (or cell or mobile) phones; Sirius XM has asserted various other defenses and further denies that Class Members suffered any injury or damage.
The Plaintiff’s Complaints, the Settlement Agreement, and other case-related documents are posted here. The Settlement resolves the lawsuit and related similar cases. The Court has not decided who is right.Back To Top
In a class action, one or more people called “Class Representatives” (in this case, Francis W. Hooker, Jr., Eric Knutson, Yefim Elikman and Anthony Parker) sue on behalf of themselves and other people with similar claims. Together, all the people with similar claims (except those who exclude themselves) are members of a “Settlement Class.”Back To Top
The Court has not decided in favor of the Plaintiff or Sirius XM. Instead, both sides have agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in the Notice. The proposed Settlement does not mean that any law was broken or that Sirius XM did anything wrong. Sirius XM denies all legal claims in this case. The Class Representatives and their lawyers think the Settlement is best for everyone who is affected. Sirius XM thinks that it makes sense to enter into this Settlement to avoid further legal expense and burden and to resolve this controversy.Back To Top
The Settlement includes all natural persons residing in the United States (including all territories and other political subdivisions of the United States) who:
Excluded from the Class are any employees, officers, or directors of Sirius XM, and any attorneys appearing in this case, and any judge assigned to hear this case as well as their immediate family and staff.Back To Top
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, call the toll-free number, 1-888-509-2570. You also may send questions to the Settlement Administrator at Sirius XM Settlement Administrator, P.O. Box 4349, Portland, OR 97208-4349.
Do not call the Court and do not call either Sirius XM or its attorneys.Back To Top
Sirius XM will offer three months of free access to Sirius XM’s Select service (or any subsequently named satellite radio service that contains substantially the same programming as the Select service) (the “Free Service”) to each Class Member who does not elect to receive a cash payment from the Settlement Fund and who complies with the requirements of the Settlement Agreement to receive the Free Service.
Sirius XM will also pay $35,000,000 into a Settlement Fund. Cash payments to members of the Settlement Class, notice and administrative costs, service awards, and attorneys’ fees, costs, and other expenses will be paid from the Settlement Fund. Class Members must file a claim to receive a cash payment.
Class Members may receive only one of the two options (the Free Service or a cash payment).
Additionally, each Class Member may receive only one benefit regardless of the number of his or her titled vehicles or the number of calls he or she may have received on his or her wireless, cell or mobile phones during the period covered by the definition of the Settlement Class.
In addition, Sirius XM has agreed to enter into agreements with its telemarketing vendors to require those vendors when making calls to cell phones on its behalf to use telephone dialing systems that use human intervention to initiate calls and that are separate from any automatic telephone dialing systems, including predictive dialing systems, used to call landline phones.Back To Top
The exact amount of each individual cash payment cannot be determined at this time and will depend on the number of valid claims filed. The Parties estimate that there are approximately 12.3 million Class Members. Based on the estimated costs of the settlement notice to Class Members, the costs of settlement administration, and the potential award of attorneys’ fees and costs, it is estimated that at least $10 million will be reserved for payment of the cash benefits to Class Members claiming that benefit. Based on the claims rates in similar settlements, the Parties anticipate that the cash payment made to individual cash claimants will be in the range of $5-$15, although that is only an estimate, and the actual amount could be higher or lower than that range.Back To Top
In order to receive a cash payment, you must submit a valid Claim Form here.
Claim Forms must be filed online on or before midnight Pacific Time, December 12, 2016.
Please read the instructions on this website carefully, follow all of the instructions, and provide all the information required.Back To Top
Payments to Class Members who file eligible claims will be made only after the Court grants “final approval” to the Settlement and after any appeals are resolved (see FAQ 20). If there are appeals, resolving them can take time. Please be patient.Back To Top
Only Class Members who do not file a claim for cash payment may receive the Free Service option. Class Members do not need to do anything at this time to be eligible to receive the Free Service. All Class Members who did not file a Claim Form for cash by the filing deadline will be contacted by the Settlement Administrator after the Settlement becomes final. At that time, Class Members will be directed here to register to receive the Free Service. If you know that you want to choose the Free Service option now, you may go here at any time and register for it (but it will not be available until the Settlement becomes final).
The Free Service will be available for one Sirius XM-equipped vehicle owned or leased by the Class Member or his/her immediate family member. The Free Service will not be available for any vehicle that has a currently active paid subscription associated with it as determined by Sirius XM. Any Class Member who converts to a paid subscription between registration and shortly prior to the date on which cash will be distributed to Class Members who have filed online Claim Forms (and who is therefore no longer eligible to the Free Service) will be converted to the cash payment option instead. Any Class Member who converts to a paid subscription after the cash distribution date, but prior to the commencement of the Free Service, will have an opportunity to ask to receive the Free Service (i.e., three free months) in their subscription.
The Free Service will not carry any obligation to continue service with Sirius XM beyond the three months of free access and will be provided in addition to, and will not affect a Class Member’s eligibility for, any future Sirius XM satellite radio service offer.
The deadline to register for the free service is midnight April 23, 2017. In order to receive the free service you will need to register here before midnight April 23, 2017.Back To Top
To exclude yourself from the Settlement, you must send a letter or other written document by mail to:
Sirius XM Settlement Administrator
P.O. Box 4349
Portland, OR 97208-4349
Your request for exclusion must include the following:
Your exclusion request must be postmarked no later than November 25, 2016. You cannot ask to be excluded on the phone, by email, or on this website.Back To Top
No. Unless you exclude yourself, you give up any right you might have to sue Sirius XM for legal claims that the Settlement resolves. The Settlement Agreement explains the claims that you will be releasing. You must exclude yourself from the Settlement Class in order to try to maintain your own lawsuit. If you start your own lawsuit, you will have to hire your own lawyer, and you will have to prove your claims.Back To Top
Unless you exclude yourself from the Settlement, you cannot sue or be part of any other lawsuit against Sirius XM about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you. If you file a Claim Form for benefits or do nothing at all, you will be releasing Sirius XM from all of the claims described and identified in Section 5 of the Settlement Agreement.
The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the release and describes the released claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Class listed in FAQ 16 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.Back To Top
No. You cannot file a Claim Form to participate in the cash distribution, and therefore you will not get a payment from the Settlement Fund, and you will not be able to register for the Free Service if you exclude yourself from the Settlement.Back To Top
The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class: Caddell & Chapman; The Consumer and Employee Rights Law Firm, P.C.; Kazerouni Law Group, APC; Hyde & Swigart; McGuire Law, P.C.; and McMorrow Law, P.C.
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.Back To Top
Class Counsel will make an application to the Court for an award of attorneys’ fees, costs and other expenses for their representation of the Class Representatives and the Settlement Class, of up to thirty percent (30%) of the total value of the Settlement, after deduction of any class administration and notice costs and expenses. The Court will decide the amount of fees and expenses to award.
Class Counsel also will request service awards of $10,000 for Francis W. Hooker, Jr. and $2,500 each for Eric Knutson, Yefim Elikman, and Anthony Parker as compensation for time and resources each has put into representing Class Members.Back To Top
If you are a Settlement Class Member (and do not exclude yourself), you can object to any part of the Settlement. To object, you must submit a letter or other written document that includes the following:
You must mail or hand-deliver your objection to the Court so it is received by November 7, 2016. You must also mail your objection to Class Counsel and counsel for the Defendant so that it is received no later than November 7, 2016. The addresses are listed below.
|CLERK OF THE COURT||CLASS COUNSEL||DEFENDANT’S COUNSEL|
|Clerk of the Court
Walter E. Hoffman U.S. Courthouse
600 Granby Street
Norfolk, VA 23510
Michael A. Caddell
Caddell & Chapman
628 East 9th St.
Houston, TX 77007-1722
901 Lakeside Ave.
Cleveland, OH 44114
Do not call the Court or Sirius XM’s counsel if you have questions.Back To Top
Objecting is simply telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.Back To Top
The Court has scheduled a Final Approval Hearing on December 20, 2016 at 10:00 a.m., at the United States District Court District for the Eastern District of Virginia, Walter E. Hoffman, United States Courthouse, 600 Granby Street, Norfolk, VA 23510. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website periodically for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for service awards to the Class Representatives. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.Back To Top
No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, to the proper addresses, and it complies with the other requirements set forth above, the Court will consider it. You also may pay your own lawyer to attend the hearing, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Final Approval Hearing. The Court makes the decision on what will happen at the Final Approval Hearing. Any Class Member who wishes to appear at the Final Approval Hearing must mail or hand-deliver to the Clerk of the Court a “Notice of Intention to Appear,” and file it in Francis W. Hooker, Jr. v. Sirius XM Radio Inc., Case No. 4:13-cv-00003-AWA-LRL (E.D.Va.). Use the addresses listed in FAQ 18. The Notice of Intention to Appear must be received by the Court by December 6, 2016. You must also mail or hand-deliver your Notice of Intention to Appear including exhibits, lists or other documents to Class Counsel and Sirius XM’s counsel so they are received by December 6, 2016.
The Notice of Intention to Appear must include:
If you wish to appear at the Final Approval Hearing, you must also provide dates at least seven (7) days in advance of the Final Approval Hearing when you will be available for a deposition. Failure by an objector to make himself or herself available for a deposition may result in the Court striking the objection. The Court may also tax the costs of any such discovery to the objector or the objector’s counsel if the Court determines that the objection is frivolous or made for an improper purpose.
You cannot ask to speak at the hearing if you exclude yourself from the Settlement.Back To Top
If you are a Class Member and do nothing, you will not get benefits from the Settlement. You must either complete an online Claim Form (if you want to participate in the Settlement Fund) or register for Free Service. You will be bound by the judgment entered by the Court unless you exclude yourself using the procedure described above. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit or proceeding against Sirius XM about the claims at issue in this case or released by the Settlement Agreement.Back To Top
This website summarizes the proposed Settlement. More details are in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement here. You may also write with questions to the Settlement Administrator at Sirius XM Settlement Administrator, P.O. Box 4349, Portland, OR 97208-4349, or call the toll-free number, 1-888-509-2570.Back To Top