Class Action Filed Against XM Over Service Outage

Two guys in Alabama filed a class action lawsuit against XM Radio for the service outage on May 21st. They seek damages for getting charged while their satellite radio service was down. Guess they never saw that notice, XM Radio Gives 87

Credit For Outage, But You Gotta Call ‘Em

That lawyer probably cost more than 87 cents. — BEN POPKEN

Robert R Taylor and David W Lawrence, on Behalf of Himself and other Similarly Situated Individuals v. XM Satellite Radio, Inc. (PDF)

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  1. r81984 says:

    Those guys must be paying those lawyers alot to pursue 87cents.

    Instead of wasting money on this and a lawyer why not donate the couple thousand dollars to your local school or college for a scholarship?

    Also what judge would even take this case, they will see that its only 87 cents and that XM has already given refunds to those who call and ask for one. This lawsuit has no ground to stand on.

  2. @r81984: I’m not so sure I agree with you. For starters, regarding the cost of the attorney: the attorney will recoup his fees quite successfully if the case has legs.

    Secondly: There will still be several (hundred?) thousand members who never call in to get their 87 cents back, or may not even be aware that it’s available to them. If it gets XM members a free days worth of service, or a nominal credit back, where some may not even be aware of it, it’s better than nothing.

    The lawsuit alleges that XM radio was aware of the outage, and yet made no proactive restitution. As near as I can tell that seems to be pretty true! In which case maybe the lawsuit has more legs than you think.

  3. grandaardvark says:

    Are people so bored they really feel the need to sue a company over a little bit of down-time? This is just sad and pathetic.

  4. BStu says:

    XM should have just automatically credited all users $0.87. I realized that adds up, but its still a small price to pay for customer care. It would also have completely nullified any insane lawsuits like this one. The only people who’d make money off a class action suit like this are the lawyers. Don’t doubt for a second that they are the ones really driving this lawsuit, not the chumps they got to sign on board.

  5. bendsley says:

    XM’s proactive restitution was to get their satellite fixed as soon as possible. This is like suing some cable provider because your cable goes out for a day. Granted satellite communications aren’t really a new thing, but satellite radio is relatively new. And being relatively new, there are bound to be outages every once in a while.

    People just sue to sue now-a-days and it’s getting damned ridiculous.

  6. Mary says:

    I am an XM subscriber, and I did get annoyed by the outage because at first I was confused as to why my radio was suddenly having problems. I even made sure to check my antenna hadn’t been clipped off or something.

    However, XM took the time to send not one, not two, but I believe FOUR emails about the issue before everything was over. They kept their users aprised of the situation the best they could, and while I heard about the 87 cents, I decided it would be more of my own personal time wasted to try to claim it and decided to let it go.

    And for the record, during the “service outage” I was still able to get stations, just not for a prolonged period of time. It was annoying but I actually still kept my radio running because it was better than listening to morning DJs.

    This case has no cause. Sometimes, a service doesn’t work like they plan it to. From the emails, they seemed to be on top of the issue and working on it the best they could. Perhaps that isn’t true, but it’s not lawsuit material.

  7. roche says:

    This is the definition of asinine

  8. FLConsumer says:

    I’m with the asinine part here, especially the class action. Do any of the people filing the class action understand that they’re probably going to get $0.05 from the settlement? Lawyers who take this stuff on contingency stand to win big, while the little guys stand to gain nothing.

  9. Hoss says:

    It must have been a slow day for this guys trust and estate practice — hell boys, let’s file a class action http://www.bhamdirectory.com

  10. tvh2k says:

    “on behalf of himself…”

    I think the guy’s a lawyer. Representing yourself (though often ill-advised) is free.

  11. Sudonum says:

    @FLConsumer:
    They won’t even get a nickel. They’ll probably get a day of service for free.

    Somehow I was listed as a plantiff in a class action lawsuit against my local dealership service department. It seems they were overcharging for oil disposal fees when you got your oil changed there. Something like $0.50 each time. I was getting a full synthetic oil and paying $60 a pop, so I never really noticed any “overcharge”.

    Anyway, long story short, I got a voucher for $2.00 off my next oil change at the dealership. Not sure how much the lawyers got, but I’m sure it was quite a bit more than that.

  12. Buran says:

    @roche: So it’s asinine now to sue a company for failing to provide credit due automatically, and hoping to keep the money from all those that don’t call to claim it?

    “It’s just 87 cents”. Yes, but what if it happens again in some other case for more money, next time?

    It’s the principle of the thing. All the people complaining about that are missing out on that very important point.

  13. Mary says:

    I don’t think the issue at hand, for me, is the 87 cents. I don’t care what the amount is. The fact is that the service outage wasn’t intentional, it wasn’t long term, and it was fixed as soon as possible. They weren’t even required to offer a refund for the amount of time, I wouldn’t have expected them to.

    I don’t see it as credit due. It was nice of them to offer but I didn’t need it. As I said before, the service degraded, but was not OUT where I live, and I still could receive signal. It was just a little wonky.

    If they had shut off the sattelite for a day and not issued an automatic refund, fine. But as it was, it was an accident. These things happen. Even though we pay for this service, we are not entitled to perfection, because perfection is impossible.

  14. Invisobel says:

    I’m sure they’re in it for the emotional stress they suffered after not hearing their soothing new age station on the way home from work.

  15. Canadian Impostor says:

    I sent XM an email about the outage and got a reply today. They credited me a whole dollar instead of $0.87, and it took me maybe three minutes to whip up the email.

    I’m content.