On June 12, 2024 Siskinds LLP commenced a proposed consumer class action in the Ontario Superior Court of Justice against SiriusXM Canada Inc. and SiriusXM Canada Holdings Inc (collectively “SiriusXM”).
SiriusXM provides satellite radio and in-app streaming subscriptions, with ad-free music, celebrity-hosted talk, in-depth sports analysis, select play-by-play, and more.
The class action alleges that SiriusXM breached the Competition Act and Ontario Consumer Protection Act, 2002 by failing to provide fair and transparent pricing details. SiriusXM misrepresented their subscription plan prices by concealing the additional Music Royalty and Administrative (“MRF”) mandatory fee, which increased the monthly cost of SiriusXM subscriptions by up to 20.07%.
The class action is brought on behalf of all persons in Canada, excluding Quebec, who purchased a SiriusXM subscription plan from March 1, 2010 (the date on which SiriusXM began charging a MRF fee in Canada) to July 18, 2024 (the date on which SiriusXM is required as part of a consent agreement with the Commission of Competition to amend its pricing practices). Quebec is excluded from the proposed class because the MRF fee was included in the advertised price in Quebec.
If you would like to be updated on developments in the action, please complete the below form. Your information will be held in strict confidence. By completing the form, you are not retaining Siskinds LLP, nor do you incur any obligations in connection with the action.
For inquiries, please complete the “Get in Touch” form below. For telephone inquiries, please call 1.800.461.6166.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action) after the lawsuit has been certified as a class action. Notices will be issued to the affected persons after the court certifies the class action.
Can I opt-out of the class action?
Once the class action has been authorized or certified, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.
Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.
What should I do to protect my rights?
To protect your rights, you should:
- Keep any documents evidencing your purchase of a SiriusXM subscription plan
- While the class action is pending, notices will be disseminated to the class members advising that they should take certain steps by specific deadlines in order to preserve their rights. This information will also be made available on Siskinds’ website. These deadlines will usually be fixed by the courts, and will need to be adhered with in order to protect your rights.
- Register to receive updates on this class by filling out the form below.
I still have a question. Who should I contact?
If you have any other questions, please complete the “Get in Touch” form below.