Class Action Alleges Sirius XM Sales Calls Violated Florida Robocall Law

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A proposed class action alleges Sirius XM Holdings Inc. has violated a Florida law by placing automated telemarketing calls to consumers’ cell phones without first securing consent to do so.

According to the suit, the satellite radio company has run afoul of the Florida Telephone Solicitation Act (FTSA), which went into effect on July 1, 2021 and prohibits the placement of unsolicited, prerecorded telemarketing calls unless an individual has given written consent.

The lawsuit claims Sirius XM’s calls have harmed Florida consumers by violating their statutory rights, invading their privacy and causing statutory damages, annoyance and nuisance.

The case was filed by a Florida resident who claims to have received two prerecorded telemarketing calls from Sirius in August 2021. Per the suit, the calls sought to solicit payment from the plaintiff for the defendant’s satellite radio services. According to the filing, however, the plaintiff has never transacted with Sirius, contacted the company or sought an account.

The lawsuit claims Sirius used computer software capable of automatically selecting and dialing telephone numbers in order to place calls to the plaintiff and other Florida residents.

The plaintiff says she never provided Sirius with express written consent to place telemarketing calls to her phone number using automated dialing technology.

The case, which was recently removed from Florida’s Duval County Circuit Court to its Middle District Court, looks to cover anyone in the state who was sent a telephonic sales call regarding Sirius’s goods and services using the same equipment or type of equipment used to call the plaintiff.

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