Attorney General Jack Conway is reminding consumers that May 3, 2015, is the deadline to file a complaint for consideration by Sirius XM under the special Complaint Resolution Program that the company agreed to in a multi-state Assurance of Voluntary Compliance (AVC).
In order to be considered, consumers must file a complaint about issues addressed by the AVC, concerning conduct from July 28, 2008, to Dec. 4, 2014, and involving an identifiable loss that has not been previously resolved.
“Companies that utilize deceptive and unfair business practices to take advantage of consumers and violate Kentucky’s consumer protection laws will be held accountable,” Attorney General Conway said. “I am pleased that we have reached this agreement requiring Sirius XM Radio to make significant changes to its business practices and return money that is rightfully owed to consumers. I encourage any Kentucky consumers who are eligible for a refund to submit a claim through the restitution program.”
Some of the issues addressed by the AVC include difficulty canceling contracts, ignored cancellation requests, misrepresentations about cancelling or not renewing service, automatic renewal of contracts without notice or consent, unauthorized fees, higher and unanticipated rates after a low introductory rate, and failure to provide timely refunds.
Consumers are encouraged to file their complaints directly with Sirius XM by May 3, 2015, online at www.siriusxm.com/settlementprogram or by mail to P.O. Box 33059, Detroit, MI 48232. The complaint form is also on the Kentucky Attorney General’s website. Consumers may download a form by visiting http://ag.ky.gov/civil/consumerprotection/complaints. Consumers who need assistance may also call the Attorney General’s Office of Consumer Protection at (502) 696-5389 to request a form. Submitted complaint forms will be forwarded by the Kentucky Attorney General’s Office to Sirius XM, if they are submitted or postmarked by May 3, 2015.
Complaints previously filed, but which remain unresolved, may also be submitted for reconsideration under the restitution program.
The AVC required Sirius XM to change its business practices. Specifically, the company agrees to:
• Clearly and conspicuously disclose all terms and conditions at the point of sale; such as billing frequency, term length, automatic renewal date, and cancellation policy.
• Make no misrepresentations about the available plans in advertisements.
• Provide advance notice via mail or email about upcoming automatic renewals for plans lasting longer than six months.
• Revise the cancellation procedures to make it easier for consumers to cancel.
• Prohibit incentive compensation for customer service representatives based solely on “saves,” or retaining current customers who attempt to cancel.
A copy of the AVC document may be viewed here: http://goo.gl/NsWkQ4
