SiriusXM to Change Telemarketing Procedures Under TCPA Settlement

SiriusXM will require its telemarketing vendors to use manual phone dialing systems that require human intervention to initiate calls to cellphones, separate from the automatic dialing systems used by vendors to call landline phones, under a proposed settlement that could end multiple lawsuits alleging Telephone Consumer Protection Act violations, said court documents filed Friday in U.S. District Court in Newport News, Virginia. SiriusXM and plaintiffs' counsel indicated in June they were close to finalizing a $35 million settlement agreement (see 1606080019). Every settlement class member would get three months of free Select service without having to file a claim, or alternately the ability to file a claim for a pro rata share of the $35 million common fund, said court filings (in Pacer). The per-class-member cash award would likely be $5 to $15, said a memorandum in support of the motion for preliminary approval. Attorney's fees won't exceed 30 percent of the total value of the settlement, according to court documents. The motion for preliminary approval of the settlement said the pact would cover people who received SiriusXM programming on a promotion basis tied to purchase or lease of a vehicle that ended by April 5; received calls on behalf of the company to their mobile numbers between Feb. 15, 2008, and July 5, 2016; and never subscribed or subscribed but after July 5. The motion said SiriusXM didn't oppose it. The settlement would cover litigation against the company in Virginia, California, Illinois and Florida. SiriusXM didn't comment Monday.