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Sirius XM Launches Unwanted RoboCalls

A California consumer, Erick Knutson, filed a class action claiming Sirius XM violated the Telephone Consumer Protection Act by pestering him with so-called robocalls to his cell phone after he signed up for the service. However, Sirius XM, following the trend, had an arbitration provision in its terms of service and asked the judge to dismiss the case and compel arbitration. Knutson argued, among other things, that the provision was unfair and denied him of his rights to go to court to enforce the TCPA, but the court, once again following Concepcion, was not persuaded. “The arbitration provision specifically provides that 'any claim … whether related to this agreement or otherwise … shall be resolved, upon election by either party, exclusively and finally by binding arbitration,'” Judge Battaglia said, citing the language of the agreement. “Furthermore, the agreement requires individual arbitration of claims.” Bottom line? Sirius XM customers who are tired of harassing robocalls cannot enforce their rights under the TCPA in court.

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