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Sirius XM Telemarketing Calls Florida FTSA Class Action

Sirius XM Holdings, Inc. is a satellite and online radio broadcaster which, according to the complaint for this class action, tries to recruit customers for its services by making telephone solicitation calls. The complaint alleges that the company has been making unwanted calls to consumers in Florida, using a prerecorded message, in violation of the Florida Telephone Solicitation Act (FTSA).

The class for this action is all persons in Florida who (1) were sent a telephone telemarketing call about Sirius’s goods or services (2) using the same kind of equipment used to call the plaintiff in this case.

The plaintiff in this case, Lylie Obie, received two calls from Sirius marketing their satellite radio services, on August 4 and 10, 2021. The complaint claims that Obie never contacted the company, does not have an account with Sirius, and has never sought one. The purpose of the call was to try to get Obie to purchase Sirius’s services.

The FTSA bears some similarities to the Telephone Consumer Protection Act (TCPA), the federal law that regulates telemarketing to consumers, in that it seeks to protect consumers from businesses’ automated telemarketing calls.

The complaint quotes the FTSA as saying that it is a violation to “make or knowingly allow a telephonic sales call to be made if such call involves and automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called without the prior express written consent of the called party.”

A “telephonic sales call” can be a normal voice call but also a text message or voicemail to a consumer soliciting the sale of any consumer goods or services or an extension of credit for consumer goods or services.

Like the TCPA, the law sets forth requirements for “prior express written consent.” The agreement must “[c]learly authorize[] the person making or allowing the placement of a telephonic sales call … to deliver or cause to be delivered to the called party a telephonic sales call using an automated system for the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail…”

It must also carry the signature of the consumer to be called, the telephone number to which calls may be placed, and a clear and conspicuous disclosure authorizing the calls and disclosing that the consumer is not required to give consent to such calls as a condition of buying any property, goods, or services.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Sirius XM Telemarketing Calls Florida FTSA Complaint

October 29, 2021

Sirius XM Holdings, Inc. is a satellite and online radio broadcaster which, according to the complaint for this class action, tries to recruit customers for its services by making telephone solicitation calls. The complaint alleges that the company has been making unwanted calls to consumers in Florida, using a prerecorded message, in violation of the Florida Telephone Solicitation Act (FTSA).

Sirius XM Telemarketing Calls Florida FTSA Complaint

Case Event History

Sirius XM Telemarketing Calls Florida FTSA Complaint

October 29, 2021

Sirius XM Holdings, Inc. is a satellite and online radio broadcaster which, according to the complaint for this class action, tries to recruit customers for its services by making telephone solicitation calls. The complaint alleges that the company has been making unwanted calls to consumers in Florida, using a prerecorded message, in violation of the Florida Telephone Solicitation Act (FTSA).

Sirius XM Telemarketing Calls Florida FTSA Complaint
Tags: FTSA, Unsolicited Telephone Calls, Use of artificial or pre-recorded voice