"Commercial-Free" Lawsuit against XM allowed to proceed

Thursday, April 19, 2007 at 10:18 AM
Tags: 2, XM

Sue everybody!Matthew Enderlin's lawsuit, alleging that XM Satellite Radio falsely advertises its music channels as 100% commercial-free, can proceed in U.S. District Court.

Enderlin's suit filed in January 2006 alleges XM's claim that its music channels are free of commercials is "false, misleading and deceptive" because the channels' programming includes "promotional and advertisement segments."

Enderlin alleges the company's commercial-free promise violates the Arkansas Deceptive Trade Practices Act and similar statutes in 41 other states and the District of Columbia. He is seeking punitive damages and a court order that XM Radio no longer advertise its music channels as commercial-free.

He also is seeking to have the suit certified as a class-action suit so all XM Radio customers can be considered plaintiffs.

XM Radio has said the suit is without merit and the company does not air commercials on its music channels.

The company filed a motion last year for dismissal or, alternatively, a stay of the proceedings pending arbitration. It argued the case should not proceed in court because the customer service agreement it entered into with Enderlin contains a clause requiring that he submit any claims to arbitration.

Enderlin challenged the validity of the clause requiring arbitration, calling it "unconscionable."

A U.S. District Court judge denied the XM's motion, and the 8th Circuit on Wednesday affirmed that ruling, and so the lawsuit can proceed. Fun fun!

[The Morning News

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I have not read the suit, but assume this guy is a subscriber or else he might not have standing to bring it. Let's assume he is...then the things he calls "commercials" certainly do not bother him, or else he would not continue to subscribe; remember, his request for relief is that XM stop calling the channels commercial free, not that they remove these PSAs. So what is his real motive?

First of all as of Jan 06 channels 11, 21, 22, and 24 did not have any commercials. Now they have commercials on those channels now because of a lawsuit filed by Clear Channel who programs them and has a contract through 2008. That CC lawsuit didn't introduce commercials on those 4 channels till April 2006, which XM made in a statement to XM listeners in March 2006. Now since then XM has said "Most Commercial Free Music Channels" not "100% Commercial Free" which is true since without those commercial stations XM has 69 Sirius has 68. Since the lawsuit XM cloned those stations with commercial free versions. This is a bullsh** lawsuit that will be dismissed.

I wonder if the dumbsh** thinks that liners and cross promotion are commercials.

"XM Radio has said the suit is without merit and the company does not air commercials on its music channels."

I thought when that whole thing with clear channel throwing commericals on music stations a while back, i thought they went to the phrase as "most commercial free music"

I am looking at my XM channel guide i got in the mail about a month ago, and they list the commercial music staions (KISS, Sunny, Mix) as "regional Talk, News & Music"

Now, the statement in the above quote could be misleading, because if i sign up for XM and turn on KISS and hear commercials, i could feel that i was mislead. I guess the loophole is that they dont place commercials on "its" own music channels, and that they dont place those channels in the same lineup as the music channel.

BTW, i dont even listen to Sunny, Kiss, or Mix so i dont even know how often commercials are on those channels.

This seems like a pretty ridiculous lawsuit. Just some dope looking to make a quick buck. If this holds up, who's next, NPR or PBS? They're ALWAYS running ads for their other programs between shows and such...Just like XM promotes its other stations on the music channels. I'd say they qualify more as public service announcements than they do commercials.

Is it just me, or has anyone else NOT seen XM advertise themselves as "100% Commercial free music" since they were forced to allow Clear Channel to put commercials on their music channels? Ever since that decision came down, I've only ever seen XM advertise themselves as having "The most commercial free music channels".

The closest they might've come is for those early Artist Confidential shows, where the show was sponsored by Radio Shack or MSN. But those weren't commercials, those were a brief mention at the end of the show... "Artist Confidential is sponsored by Radio Shack, You've got questions, we've got answers." That's it. Is that really a commercial?

And if you REALLY wanted to be nit-picky about it, just playing a song could be seen as a commercial. It's advertising that artist's album. In that case, XM's music channels are 0% Commercial Free. Get real.

Such poor management at XM...

What does the management have to do with a frivolous lawsuit?

"The most commercial free music channels".

This is not a true statement either.

Rich,

I sorry to advise you but you are wrong on this.

Everyone turn to your channel guide for both XM & Sirius and count with me.

69 100% Commercial Free Music Channels on XM and 4 Commercial Sations

68 100% Commercial Free Channels on Sirius

ryan, is that a jerky boys reference? old school!

I sorry to advise you but you are wrong on this.

Everyone turn to your channel guide for both XM & Sirius and count with me.

69 100% Commercial Free Music Channels on XM and 4 Commercial Sations

68 100% Commercial Free Channels on Sirius


Am I Mammas Boy?

About SIRIUS

SIRIUS, "The Best Radio on Radio," delivers more than 130 channels of the best programming in all of radio. SIRIUS is the original and only home of 100% commercial free music channels in satellite radio, offering 69 music channels. SIRIUS also delivers 65 channels of sports, news, talk, entertainment, traffic, weather and data. SIRIUS is the Official Satellite Radio Partner of the NFL, NASCAR, NBA and NHL, and broadcasts live play-by- play games of the NFL, NBA and NHL, as well as live NASCAR races. All SIRIUS programming is available for a monthly subscription fee of only $12.95.

SIRIUS Internet Radio (SIR) is a CD-quality, Internet-only version of the SIRIUS radio service, without the use of a radio, for the monthly subscription fee of $12.95. SIR delivers more than 75 channels of talk, entertainment, sports, and 100% commercial free music.

Hey Rich,

You are right... I wasn't counting the Sirius Kids station as a commercial free music channel even though it is. So technically you are right since XMKids does have commercials (I guess... never listen to it) but after counting that is the 69th station on Sirius.

Now that I have gotten that out of the way, the lawsuit still doesn't make sense since all of XM's music channels were commercial free at the time of the lawsuit... unless once again the guy thinks that sweepers, liners and cross promotion of another station constitutes as commercials... or unless he heard the XMKids

Good old Sol Rosenburg! Sue everybody indeed! If this guy doesn't like XM, he should just follow Lil Jimmy's advice. Flush his XM down the toilet, buy a Sirius and fuck his mother.

Anyone else think the NAB is funding the lawsuit? Who's paying the lawyers retiner?

If you read the suit, it is actually dated as January 2006. This was BEFORE clear-channel imposed their crap on XM by making them play commercials.

This is clearly a case against the "promos" that appear on the music channels. Promos for shows and other channels. The suit actually claims those as the "commercials".

Even if Sirius is hit with the same suit, it will be thrown out as frivilous.

I am so glad I have Sirius!!!! Their stations are truely commerical free!!! Although the Hits One station is starting to have a morning show with too much talk.....there is only one morning show on Sirius.....STERN!

WTF I Luv Xm sations why people gotta fuck shit ^ damn datz some bullshit 4 real 4 real..are yu really fuckin serious datz so fuckin stupid.........

WTF I Luv Xm sations why people gotta fuck shit ^ damn datz some bullshit 4 real 4 real..are yu really fuckin serious datz so fuckin stupid.........

WTF I Luv Xm sations why people gotta fuck shit ^ damn datz some bullshit 4 real 4 real..are yu really fuckin serious datz so fuckin stupid.........

I am FED UP with the STUPID!!!!!! homemade Ad Council commericals on XM 152 158 and 161 they play the same commericals over and over again every freakin 15 minutes.....I hit the mute button ALOT!!!! I could quote every one of the STUPID commericals word for word...and I am sick and tired of paying for radio that JAMS these homemade commericals down our speakers...there is no reason for the commericals.....i dought at 12.95$ a month not counting the addional recievers at 6.95 a month times How many millions? think five last I hurd...they are not underfunded thats for DAYUM sure..and yes the same ones are on there music channels....

I am FED UP with the STUPID!!!!!! homemade Ad Council commericals on XM 152 158 and 161 they play the same commericals over and over again every freakin 15 minutes.....I hit the mute button ALOT!!!! I could quote every one of the STUPID commericals word for word...and I am sick and tired of paying for radio that JAMS these homemade commericals down our speakers...there is no reason for the commericals.....i dought at 12.95$ a month not counting the addional recievers at 6.95 a month times How many millions? think five last I hurd...they are not underfunded thats for DAYUM sure..and yes the same ones are on there music channels....

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