Customer Sues SiriusXM For Recording Cancellation Call Without Consent

Sued

A CALIFORNIA resident is the latest to sue SIRIUSXM RADIO for problems with the company's cancellation procedures, this time a proposed class action over the satellite radio company recording a cancellation call via cellphone without the permission of the customer.

The case, filed in U.S. District Court in Central CALIFORNIA on JANUARY 30th, alleges that after IMAN REZA's wife bought a subscription for the service, REZA called SIRIUSXM on a cellphone to cancel, at which time REZA was told he owed money for the service; REZA gave his credit card number to pay the sum, but later, when the customer service representative began to read what REZA believed to be a script, REZA asked if the call was being recorded, and the agent said yes.

REZA alleges that he was not told in advance of the recording and "at no time... (gave) his consent, either express or implied" for the recording.  The suit seeks the greater of the statutory $5,000 in damages per violation or treble damages per violation and additional damages as proven, plus an injunction preventing recording without prior consent.

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