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Is This a Sirius Lawsuit?

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In a case of David versus a satellite-radio Goliath, Reuters is reporting on a Florida man who's suing Sirius XM Radio (Nasdaq: SIRI  ) this week over some of this year's rate increases.

Sirius XM has stayed true to its original agreement with regulators, by freezing basic subscription prices for three years as a way to win approval for the merger that was finally completed last year. Not that the satellite-radio provider isn't milking more out of the average user.

  • Sirius and XM began charging $8.99 a month -- a $2 increase -- for secondary receivers under the same primary account back in March.
  • At the same time, Sirius XM began charging $2.99 a month for access to an improved audio stream. That perk was included with monthly receiver plans.  
  • Over the summer, Sirius XM slapped on an extra $1.98 a month to cover the higher royalties it's paying record labels, musicians, and publishers.

In short, someone who paid $12.95 a month for Sirius or XM earlier this year and was streaming online when away from the activated receiver is now paying $17.92 a month between the Web access and music-royalty add-on. That's a 38% price increase.

The rub for the Floridian hoping to turn this into a massive class action lawsuit is that Sirius XM appears to be well within its rights to pass on the escalating music royalties and to change perks such as discounted secondary receivers and online streaming.

Few will accuse Sirius XM of gouging its subscribers. It barely broke even this past quarter. Running a satellite-radio operation isn't easy.

Critics love to point to the ad-supported Internet radio models of Pandora, CBS' (NYSE: CBS  ) Last.fm, and Yahoo! (Nasdaq: YHOO  ) Music -- but those music services have easier royalty schedules and don't have the on-air talent and costly satellites to maintain. All they need is the fleet of servers and the Apple (Nasdaq: AAPL  ) application developers to get off the ground.

That doesn't necessarily mean the lawsuit will be laughed out of court. It may have merit, and it could alter Sirius XM's cash-flow projections if the company has to roll back prices. But even if so, I trust Sirius XM to spin that kind of setback into aggressive subscriber growth. Pardon the pun, but Carl Blessing v. Sirius XM Radio could end up being a Blessing in disguise.

Do you think the lawsuit has merit? Share your thoughts in the comment box below.

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Longtime Fool contributor Rick Munarriz is a subscriber to both Sirius and XM. He owns no shares in any of the stocks in this story and is also a member of the Rule Breakers analytical team, seeking out the next great growth stock early in its defiance. The Fool has a disclosure policy.


Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On December 08, 2009, at 1:23 PM, Bootluver wrote:

    Anytime some a-hole sues for some BS reason and its found to be total BS in the end, the person filing the suit should have to personaly reimburse the entity they have sued for the their legal expenses. That will put an end to crap once and for all.

    Boots

  • Report this Comment On December 08, 2009, at 1:43 PM, plange01 wrote:

    sirius is a bankruptcy waiting to happen! this stock should have been delisted months ago that the only law suit worth filing...

  • Report this Comment On December 08, 2009, at 1:55 PM, conwayguy2001x wrote:

    Boots, totally agree. Plange01, you must be the reincarnated SiriDoom...you have a better shot of bankruptcy than Sirius.

    Why didn't the guy just, um, err, ah...cancel his dayum subscription and be done...or do one of the many lifetime deals? It's not like he wasn't given notice...besides, if $5 hurts someone that much, you have much bigger issues.

  • Report this Comment On December 08, 2009, at 1:56 PM, conwayguy2001x wrote:

    Boots, totally agree. Plange01, you must be the reincarnated SiriDoom...you have a better shot of bankruptcy than Sirius.

    Why didn't the guy just, um, err, ah...cancel his dayum subscription and be done...or do one of the many lifetime deals? It's not like he wasn't given notice...besides, if $5 hurts someone that much, you have much bigger issues.

  • Report this Comment On December 08, 2009, at 2:56 PM, ItAintCool wrote:

    I agree with both boot & conwayguy. I think this guy who is suing probably has a friend in the NAB who convinced to file this suit. Sadly this isn't like other countries where those who initiate frivolous lawsuits have to pay damages.

    Plange-you do sound like SIRIDouche under a different alias. The stock isn't going to be de-listed.

    I bought my lifetime subscription 4 years ago and have not paid a dime since. I get internet and all the channels for free and haven't had to pay a royalty. The lifetime subscription has paid for itself many times over. I don't see why many people didn't go lifetime when they first bought the receiver. I know times are tougher today but in 2005-2007 many of us had $ to spend.

    I bought a lifetime subscription because I believe in the product and I know it is here to stay for a long time. Nay-sayers and short-sellers have been trying to take down the stock, but they can't stop it.

  • Report this Comment On December 08, 2009, at 3:11 PM, Fredlee009 wrote:

    You reporting this story is all I need to know, and probably the only reason for it happening in the first place. This is beyond no news. Anyone who follows the company should know 100 percent all his claims have zero merit. You cant sue someone who almost went bk the same year for price gouging, and who followed the letter of the SEC mandate. The lawyer who took this case doesnt either know anything, or has other intents. I dont see how a judge doesnt throw this out and laughs. Its a discretionary expense, go listen to your cd player, or turn on your terrestrial radio, no one is forcing you to pay anything.

  • Report this Comment On December 08, 2009, at 4:32 PM, Mpb0055 wrote:

    The reason most didn't buy the lifetime subscription is because they were afraid Sirius might one day file for bankruptcy and it still could happen. Now I love the heck out of Sirius, been a subscriber since 2005, but were talking about a company that started in 1988 and has never has a positive income in it's almost 22 year existance. Plus, they don't really honor the lifetime subscription bc if your radio dies or gets stolen, you only get to transfer your lifetime to another radio 2-3 times only. Doesn't sound like a lifetime to me. I hope the best for Sirius, but if you can't turn a profit soon, I see more dropping in subscribers bc of prices increasing in the future.

  • Report this Comment On December 08, 2009, at 5:09 PM, Recondo72 wrote:

    You people miss the point, SiriusXM's programming quality(i.e. - lack thereof) has tanked all the while going up on subscription rates and turning a blind eye to customer service.

    I hope Mel gets the pants sued off of him. He and his minions have turned what once was something to be proud of and heartly recommend to friends & work associates has evolved into a ho-hum shell of itself and it's all Mel & Greensteins fault.

  • Report this Comment On December 08, 2009, at 5:38 PM, southernbeachguy wrote:

    Suing has gotten to be the American way...... over $5...... idiot. I bet the real person behind this lawsuit is the mans Attorney that figures he could make a fast buck on a Class Action. The problem with Class Action lawsuits is that the only person that gets anything out of something like this is the Attorney. I hope Sirus fights this, there Service is my most used Product after DirecTV.

  • Report this Comment On December 08, 2009, at 6:20 PM, BahBahBooey wrote:

    This lawsuit is a long time coming and absolutely has merit.

    It is perfectly legitimate to criticize Sirius-XM without being a shill for the NAB.

    Everything Sirius-XM has done has contradicted Mel Karmazin's testimony at the Congressional hearings.

    There have been ZERO saving for customers and as the plaintiff has already proven, the opposite is actually the case.

    As a practical matter, the two companies have NOT merged.

    They continue to operate as separate and distinct entities.

    There has been no convergence of the two offerings and the hardware is still separate and incompatible.

    They do NOT offer a single unified automotive unit despite being dependent on the OEM channel for survival.

    Even despite the relatively "good news" in Q3, keep this in mind.

    The stock has not been able to get past 70 cents and the year is almost over.

    It's been sitting at about 63 cents for the past 3 weeks or more.

    They are STILL losing money and subscribers.

    They still have NOT turned a profit.

    Sirius-XM is a poorly managed company and will ultimately die when the reveres split brings the shorts back like sharks to blood.

  • Report this Comment On December 08, 2009, at 6:21 PM, BahBahBooey wrote:

    This lawsuit is a long time coming and absolutely has merit.

    It is perfectly legitimate to criticize Sirius-XM without being a shill for the NAB.

    Everything Sirius-XM has done has contradicted Mel Karmazin's testimony at the Congressional hearings.

    There have been ZERO saving for customers and as the plaintiff has already proven, the opposite is actually the case.

    As a practical matter, the two companies have NOT merged.

    They continue to operate as separate and distinct entities.

    There has been no convergence of the two offerings and the hardware is still separate and incompatible.

    They do NOT offer a single unified automotive unit despite being dependent on the OEM channel for survival.

    Even despite the relatively "good news" in Q3, keep this in mind.

    The stock has not been able to get past 70 cents and the year is almost over.

    It's been sitting at about 63 cents for the past 3 weeks or more.

    They are STILL losing money and subscribers.

    They still have NOT turned a profit.

    Sirius-XM is a poorly managed company and will ultimately die when the reveres split brings the shorts back like sharks to blood.

  • Report this Comment On December 08, 2009, at 11:46 PM, BigVincent wrote:

    This suit has no Meritt.

    Simply because the consumer had the option to buy the lifetime subscription for $500.

    Subscribers with additional receivers on there accounts still pay less than paying full price for one receiver its still a deal .

    Can sirius pass on the royalty fee to subscribers? Yes they can because it cost sirus more money to transfer that money if it wasn't passed on to the consumer.

    In capitalism no company has to operate at a loss, and the design of sirius/xm is a luxury to the consumer , so if the consumer can't afford it they shouldn't own it.

  • Report this Comment On December 09, 2009, at 5:55 AM, BahBahBooey wrote:

    BigVincent,

    You are dead wrong.

    The suit absolutely has merit as Mel Karmazin LIED.

    No one is arguing the legitimacy of passing on costs such as the royalty fee.

    What is in dispute is the fact that Mel promised lower prices and more choices.

    Neither has happened.

    Where is the unified product line?

    The two companies merged in name only, raised prices, let quality and customer service lapse.

    The new hardware offerings are typical, Sirius only or XM only and sub-standard quality for a consumer electronic product..

    I had 3 subscriptions and dropped 2 to show my displeasure with the actions of Sirius-XM and I've been a subscriber since 2005.

    I had 3 Stiletto 2 units completely die in less than 2 years.

    The idea that ability to afford the product has any part of this equation is sheer nonsense.

    A lifetime subscription is for the life of the radio, not the subscriber.

    The quality of Sirius hardware is non-existent.

    To add insult to injury, if you choose to replace an existing radio, for whatever reason, with a new one. Sirius attempts to gouge you with a $16.00 activation charge even though your subscription has not changed.

    Mel has essentially told his customers to go pound sand.

    Now he has to live with the fall-out.

  • Report this Comment On December 09, 2009, at 8:27 AM, RAF22 wrote:

    I suggest all who are interested in SIRI check out the following two sources of solid and updated information:

    1. Via Google, search "David Frear UBS slide show - Sirius XM forums". You will be able to review the 31 slides he presented yesterday, detailing all significant areas of major improvement in the fundamentals and metrics of the company.

    2. Go to the Apple Store website and search products under the "car audio" section. You will be able to see the many excellent reviews for SkyDock - 29 comments virtually unanimous in the great value of this product, resulting in a rating of 4 1/2 stars.

    These two sources of information will give you the best overview of the current condition of Sirius XM and its potential for significant growth into the future.

    This is sure to lead to continuing growth in the market cap through 2010 and beyond.

  • Report this Comment On December 09, 2009, at 9:08 AM, esteemxxxx wrote:

    Hers'a guy who so disturbed about a $5 difference OR the promise, as some of you think, of getting more value for his $$ yet is willing to take time off from work and spend even more of earned money on a lawyer in hopes of winning a law suit. I hope he get's freaking burned. Some people look for any stupid reason to sue another. When does it stop? There should be set boundaries.

  • Report this Comment On December 09, 2009, at 9:16 AM, databasemarket wrote:

    This comment area is becoming the yahoo stock message board.

    Don't be fooled - these are all the same people from the yahoo board praying sirius will stay afloat. It won't, and I wish this suit wouldn't happen because it means the lose of subscribers and a quicker death.

    The technology is running out of runway. Web access in cars will come before sirius will be profitable.

    And then it's really over. Mel knows that.

  • Report this Comment On December 09, 2009, at 10:40 AM, BigVincent wrote:

    BahBahBooey your still wrong.

    Sirius/xm still allowed the consumers up until July 2009 of this year to buy and lock in at 2008/early 2009 prices if they were to buy in advance. There are subscribers that are locked in for 3 years at the 2008 prices, so technically sirius/XM did offer there unchanged lower 2008 rate, that will be extended for those subscribers that payed in advance until mid 2012.

    Get your facts straight sirius/xm knew what they were doing in advance. Sent notices out to consumers about the rate hike. Even took steps to allow the consumer / subscriber to pay in advance to keep the 2008 price structure. Sirius/xm did not deliberately raise its price without notifying the customer of 2009/2010 pricing.

    I am not one to complain own the service bought the lifetime subscription for 2 seperate accounts, and now I pay the $8.99 for an additional reciuever for my girlfriend to have. Do I feel robbed...NO. Do I feel sirius/xm is in breach of contract.... NO.

    Would you rather see sirius/xm go bankrupt, not have a service, and take your money without seeing a refund, since they couldn't operate at your laughable subscriber prices..... Well that's what would happen in your perfect world BahBahBooey .

  • Report this Comment On December 09, 2009, at 11:12 AM, Spartangrad04 wrote:

    Booey,

    You are incorrect on a few points.

    Sirius has lower available prices post-merger. There are multiple plans available. Mel never said that the main price would be lowered, just that you would have lower prices with a la carte options. more choices are in the a la carte pricing, the Sirius or XM plan, or the "best of" options. That is more than the regular choice that was available pre-merger.

    For unified product line, the Mirge product is available, and plays both Sirius and XM channels. (due to hardware, older radios are not available to play both Sirius and XM.) They have solved this issue for the most part by combining many channels that were duplicated over XM and Sirus.

    They only charge a higher fee for "best of" due to the high costs of the NFL, NHL, NBA, MLB and Howard Stern contracts. Once these are renegotiated, you will see a higher cash flow, and possibly a lower cost for the "best of" features. They have increased additional subscriber accounts, but that was expected as there is no real reason to offer such a huge discount from a business standpoint.

    Also, you say Sirius is losing subscribers. On an annual basis they are still down subscribers, but the 3rd quarter did result in a net increase in subscribers, which will probably increase again in Q4 due to holiday sales.

    I think you are letting your bad luck with receivers give you a bad outlook on the company. I have 3 subscriptions myself, and 2 of the tuners are over 6 years old, which is much better than expected. So not everyone has the same opinion on quality as you do.

  • Report this Comment On December 09, 2009, at 11:43 AM, BahBahBooey wrote:

    Spartangrad04,

    Sorry, but you have it wrong.

    Prices on the core service have not dropped.

    While it true that Sirius offers SOME tiered packages, they are essentially worthless.

    Anyone who tries to get only Howard Stern still has to pay the equivalent of the Sirius Everything package.

    The Mirge is COMPLETELY USELESS as an in-vehicle receiver which is what I CLEARLY spelled out.

    As a home unit it is made to the same shoddy standard of all of Sirius hardware.

    To top it off it is overpriced and Sirius does NOTHING to even let listeners know it is available.

    The "Best of" packages are an overpriced waste as a subscriber CANNOT create an a la carte selection of channels across the two streams.

    Q3 did NOT result in a net increase overall in subscribers.

    It was an aberration in Q3 ONLY based solely on the "Cash for Clunkers" program.

  • Report this Comment On December 09, 2009, at 9:10 PM, Fool wrote:

    b.s. suit by a loser.

  • Report this Comment On December 10, 2009, at 10:19 AM, Spartangrad04 wrote:

    BahBahBooey.. are you serious? Please tell me this is just an elaborate joke and that you are trying to appear clever...

    Mel NEVER said the core price would reduce. He said they would offer different options, some at reduced rates. And that option may be worthless to YOU. But, many consumers have chosen that option. It's the same as some people who have basic cable, which some people say is worthless, so they go for the movie and sports packages with cable tv. You pay for the programming you want. Howard Stern is a premium addition for Sirius XM, so it comes at a premium price. Simple economics.

    I don't see how you clearly spelled out that the Mirge is useless.. Many people prefer the plug and play to an in-dash receiver anyways.

    And Q3 DID result in a net increase in subscribers, as they gained more than they lost. Despite the reasoning of the increase, it's still an increase. You can do this by taking Total Subscribers, and subtracting subscribers who left. You then take this number, and add in the new people who have subscriptions. If the NEW total subscribers is higher than the OLD total subscribers, it's considered an increase. If you need more examples to understand the concept, let me know.

    And I'm not sure what you are trying to convey here.. "To top it off it is overpriced and Sirius does NOTHING to even let listeners know it is available." The millions of subscribers aside from you, and the man suing the company, don't feel it is "over-priced". If they did, it wouldn't have 18 million subscribers. And I'm also not sure what you mean they do nothign to let listeners know it is available.. Do you mean advertising? Beause if you walk into a Best Buy, or electronics store they are very visible and merchandised to gain attention. And they are advertising on tv. (I think you would even understand how difficult it would be for them to get advertising on traditional radio stations)

    You keep saying worthless, and over-priced, yet the only information you are giving is based on 2 broken units you have encountered, and you basically wanting a premium service for free.

  • Report this Comment On December 10, 2009, at 11:46 AM, BahBahBooey wrote:

    Believe what you want.

    Mel ABSOLUTELY promised LOWER PRICES!

    The stock is still going downward and will tank with or without Howard Stern.

    61 cents and dropping.

    Stern's recent tirade against Mel and Scott Greenstein doesn't bode well for negotiations.

    The bad press alone from Stern not resigning will bring the shorts back in droves.

    For that reason alone, don't expect a public decision before the reverse stock split that WILL happen.

    All this does is temporarily delay the inevitable.

    The Sirius-XM business model is fatally flawed.

    The shorts will be back after the split and drive the price into the basement.

  • Report this Comment On December 14, 2009, at 11:59 PM, RobertC314 wrote:

    Can someone please explain to me why the survival of Sirius is so much more emotional than other companies? The sad truth is that they CANNOT make it doing what they're doing, at any price. If I'm going to buy specialized hardware and pay a subscription I'm going to get a smart phone with internet service and listen to Pandora (what's that? you say you already have a smart phone...?).

    They need to adapt, and fast, or soon all they will have left is real-time aviation weather (A market I believe they dominate, although I could be mistaken). Unfortunately that is not enough to sustain them. Hard times are ahead regardless of who shorts what, or what they end up pricing their services at. For all but the most risk tolerant investors their are better places for your money... realize the loss and move on, you will "break even" faster somewhere else.

  • Report this Comment On August 16, 2011, at 1:04 PM, diver92 wrote:

    Another transplant from up north, nothing to do but look for trouble, sour grapes. Siri will always have some one knocking at the door, hang in there for the long run

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