Keith Loria Oct. 8, 2010, 12:10pm
JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster announced on Wednesday that he has received a preliminary injunction against a satellite radio company.
Sirius XM Radio allegedly repeatedly called consumers on the Missouri no-call list. Earlier this month, Koster filed a lawsuit against the company and obtained a temporary restraining order to keep it from continuing the alleged calls.
Koster's suit alleges that telemarketers for the company made harassing solicitation calls selling satellite radio subscriptions to consumers.
Sirius XM officers contested the preliminary injunction at an evidentiary hearing in St. Louis, with the court finding that Koster's office had established a probability of success at trial on the merits.
A judge ruled that the Missouri citizens on the no-call list would suffer a hardship if the preliminary injunction was not granted and ordered the preliminary injunction to stay in place throughout the litigation until the full trial on the permanent injunction.
The court ordered Sirius XM to stop making repetitive calls to consumers on the no-call list who notified the defendant that they rejected the Sirius XM subscription or after their free trial period expired. The only exception is if a consumer expressly authorized Sirius XM to call.
"Our office will continue to prosecute any business, regardless of its size, when it makes unlawful telemarketing calls to Missourians registered on our no-call list," Koster said.
"It is a consumer's right to demand that illegal telemarketing calls that violate Missouri's laws stop, and no matter how aggressively it fights, no business is immune from Missouri's no-call law. We will continue to go after those who violate the law."