The Telephone Consumer Protection Act (TCPA) has a number of provisions that are meant to allow consumers to not receive, or to stop receiving, unwanted telemarketing calls. In this case, two plaintiffs bring suit against Sirius XM Radio, Inc. for violating a number of those provisions.
Plaintiff Victoria Sawyer received a number of calls from Sirius XM, beginning in November 2020. After the second call, she called back and followed the prerecorded instructions to ask to be taken off the company’s call list. She was then connected to a live operator who tried to sell services to her. Sawyer asked again that Sirius XM stop calling her.
The calls did not stop.
Sawyer’s phone number has been listed with the National Do Not Call Registry since sometime in 2006.
Sirius XM called plaintiff Joseph Roberts in November 2020. When he answered, he heard a click and had to say “hello” a number of times before a live human being came on the line. The complaint claims that this is “indicative of ATDS usage.”
Both plaintiffs claim they had never given Sirius XM their prior express consent to call them.
Three classes have been defined for this action:
- The No Consent Class is all persons in the US who, (1) between January 8, 2017 and the date the Notice is sent to class members in this case, (2) received a call on their cell phones (3) from Sirius XM or someone acting on its behalf (4) for the same purpose as it called the plaintiffs in this case (5) using the same equipment used to call the plaintiffs, and (6) from whom Sirius XM claims to have obtained prior express consent in the same manner as it claims to have received it from the plaintiffs in this case.
- The Internal Do Not Call Class is all persons in the US, whose numbers were called, between January 8, 2017 and the date the class in this action is certified, (1) by Sirius XM or someone acting on its behalf, more than once (2) within any twelve-month period (3) for substantially the same reason it called the plaintiffs in this class action.
- The DNC Registry Class is all persons in the US whose numbers were called, between January 8, 2017 and the present (1) by Sirius XM or someone acting on its behalf, more than once (2) in any twelve-month period, (3) where the number had been on the National Do Not Call Registry for at least thirty days, (4) in order to sell Sirius XM’s products or services, and (5) from whom Sirius XM claims to have obtained prior express consent in the same manner as it claims to have received it from the plaintiffs in this case or from whom it did not obtain prior express consent.