Sirius XM Radio Inc. has moved forward with its defense against claims from the Attorney General for the State of New York that it engaged in “a deliberately lengthy and burdensome cancellation process” by having the case play out in federal court, and not in state court.
As RBR+TVBR first reported in late December 2023, Letitia James, the Attorney General for the State of New York sees it, sued Sirius XM in response to an investigation that found SiriusXM “forces” its subscribers to call or chat online with an agent to cancel a subscription, then deliberately draws out those interactions as part of its strategy to prevent subscribers from canceling.
Furthermore, James made the claim that SiriusXM trains its agents to not take “no” for an answer when customers try to cancel, “making it extremely difficult and frustrating for consumers to end their subscriptions.”
In response to the allegations, presented to the media before SiriusXM was provided a copy of the complaint, a Sirius XM spokesperson told RBR+TVBR, “We intend to vigorously defend against these baseless allegations that grossly mischaracterize SiriusXM’s practices.”
Late Friday (1/19), it became known that People Of The State Of New York, By Letitia James v. Sirius XM Radio Inc. was removed from New York State Supreme Court and assigned to the U.S. District Court serving New York’s Southern District (Foley Square). The case has been assigned to Judge Jed Rakoff, with no jury demand.
Sirius XM is represented by Mark Seiden of Jones Day. Seiden has successfully represented clients in product liability, commercial litigation, and complex civil litigation in courts throughout the U.S. Since 2010, he has served as trial counsel in more than a dozen jury trials. Among his clients are IBM, Macy’s, and R.J. Reynolds Tobacco Company.
Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case.
For the State of New York, the matter is being handled by Assistant Attorney General Adam J. Riff of the Consumer Frauds & Protection Bureau, under the supervision of Bureau Chief Jane M. Azia and Deputy Bureau Chief Laura J. Levine. The Consumer Frauds & Protection Bureau is a part of the Division of Economic Justice, which is led by Chief Deputy Attorney General Chris D’Angelo and overseen by First Deputy Attorney General Jennifer Levy.
