A few days after James Andrews bought a used 2012 Chevrolet Equinox with SiriusXM radio, "the deluge began" with letters and phone calls "imploring him to resume his Sirius XM service" after a trial subscription.
The used-vehicle store in Banning, Calif., where Andrews bought the crossover participated in a SiriusXM program for used vehicles that required the store to provide customer data to activate a buyer's trial service. The agreement also allowed the store's dealership management system provider to share customer data with SiriusXM.
Now a federal appeals court has torpedoed allegations that SiriusXM violated the Driver's Privacy Protection Act by using that information to solicit subscriptions.
While Judge Milan Smith of the 9th U.S. Circuit Court of Appeals in San Francisco expressed empathy for Andrews' grievance, he rejected his effort to revive a proposed class-action suit against the satellite radio company.
" 'WE WANT YOU BACK!' Many of us have received, through phone calls, emails, texts, and the post, the plaintive entreaties of companies with whom we have decided to cease doing business, seeking recommencement of our patronage," Smith wrote in the August decision on behalf of the unanimous appellate panel. A lower court judge had dismissed the suit without trial.