Caddell & Chapman represented Francis Hooker, Jr., who in 2011 filed claims individually and on behalf of a class of similarly situated individuals against Sirius XM Radio, Inc. Mr. Hooker alleged that Sirius XM illegally used autodialers to make telemarketing calls to his cellular phone. Mr. Hooker and his wife purchased a new Hyundai Elantra which came with three months of complimentary satellite radio programming on a promotional basis. Halfway through the promotional trial period, Mr. Hooker alleged he began receiving telemarketing calls made by Sirius XM and/or its agent(s) urging him to extend his free subscription into a paid continuing subscription. Mr. Hooker alleged that these calls were made using autodialing equipment, in violation of the Telephone Consumer Protection Act (“TCPA”).
On December 22, 2016, the Court finally approved a settlement on behalf of a nationwide class represented by Mr. Hooker, which also resolves the related cases Knutson v. Sirius XM Radio Inc. (S.D. Cal.), Elikman v. Sirius XM Radio Inc. (N.D. Ill.), and Parker v. Sirius XM Radio Inc. (M.D. Fla.), which brought similar TCPA claims. The Class consists of persons who received Sirius XM satellite radio programming on a promotional basis from Sirius XM that ended no later than April 5, 2016, and were the recipients of one or more telephone calls made by or on behalf of Sirius XM to their wireless, cell, or mobile numbers after February 15, 2008 and before July 5, 2016, and who never became paying subscribers prior to July 5, 2016.
Under the approved TCPA Settlement, Sirius XM offered Class members three months of free access to Sirius XM’s Select service (the “Free Service”) and also created a $35 million Settlement Fund. All Class Members had the opportunity to register for the Free Service. In the alternative, Class members who did not wish to receive the Free Service had the option to file a claim for a pro rata cash payment from the $35 million Settlement Fund, after payment of attorney’s fees, service awards, costs, litigation expenses, and settlement administration expenses. The Court awarded attorneys’ fees of $12.25 million and $191,33.88 in expenses.
This case was Hooker v. Sirius XM Radio, Inc., in the Eastern District of Virginia, Newport News Division. Case No. 4:13-cv-00003 (AWA).