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Friday, April 26, 2024

California couple accuses Sirius XM Radio of violating phone privacy law

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SAN DIEGO — A California couple has filed a class action lawsuit against Sirius radio, alleging violation of telephone harassment statutes.

Michelle Meza and Steve Meza, individually and on behalf of all others similarly situated, filed a complaint Nov. 3 in U.S. District Court for the Southern District of California against Sirius XM Radio Inc., alleging violation of the Telephone Consumer Protection Act.

According to the complaint, on Oct. 2016, the Mezas were contacted by Sirius XM Radio on their respective cellular telephone numbers in an effort to convince them to extend their radio service following expiration of the free trial. Sirius allegedly used artificial or prerecorded voice during the call and made continued calls despite the recipients' request to stop calling because they were not interested in the radio service. 

As a result, the suit says, the plaintiffs and class suffered an invasion of a legally protected interest in privacy, loss of their time and annoyance and frustration. 

The plaintiffs allege Sirius XM Radio made repeated telephone calls to various cellular telephones without being in any business relationship or contract, used an automatic telephone dialing system to make the calls and placed telephone calls without obtaining the recipients' valid prior express written consent.

The Mezas plaintiffs seek trial by jury, statutory damages of $500 for each and every violation, treble damages of $1,500, injunctive relief prohibiting such conduct and all other relief the court deems just and proper. They are represented by attorney Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa, California.

U.S. District Court for the Southern District of California Case number 3:17-cv-02252-AJB-JMA

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