If You Purchased a Subscription From Sirius XM that was Marketed or Sold as a “Lifetime Plan” or “Lifetime Subscription” this Class Action Settlement May Affect Your Rights.

A Settlement has been proposed 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”) may choose 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 may elect 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 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 submit 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 will be affected whether you act or do 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, assuming the Settlement is approved by the Court. If you do 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, you must file a Claim Form or before January 12, 2021 to receive any Settlement benefits. If you hold an Inactive Lifetime Subscription, and you do nothing, you will not receive either of the forms of benefit provided by this Settlement and you will give 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 is the only way that you can receive 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 submit a Claim Form, you will give 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 submit a Claim Form so that it is received on or before January 12, 2021.

Exclude Yourself

This is the only option that allows 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 exclude yourself, you will give up the right to receive any benefits from this Settlement. If you choose to exclude yourself, you must do so by November 30, 2020.

Object

You may object to the Settlement by writing to the Court and informing it why you do not think the Settlement should be approved. You can also write the Court to provide comments or reasons why you support the Settlement.

If you object, and you are an Active Lifetime Subscriber, you will automatically qualify to receive benefits from the Settlement, assuming the Settlement is approved by the Court.

If you object, and are an Inactive Lifetime Subscriber, you must also still file a Claim Form to receive either of the forms of benefit provided by this Settlement.

In either case, you will give 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.

If you choose to object, you must do so by November 30, 2020.

Go to the Final Approval Hearing You may participate in the Final Approval Hearing where the Court may hear arguments concerning the approval of the Settlement. If you wish to speak at the Final Approval Hearing, you must make a request to do so in your written objection or comment, or you may appear at the Final Approval Hearing and request that the Court allow you to speak. You are not required to attend the Final Approval Hearing. Please note that the Court may have special requirements for the Final Approval Hearing as a result of the Covid 19 Pandemic; please check this Website for updates prior to the 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.