October 6, 2010
Jefferson City, Mo. – Attorney General Chris Koster has obtained a preliminary injunction against Sirius XM Radio, Inc. for repeatedly calling consumers on the Missouri no-call list who had objected to such calls. Koster earlier this month filed a lawsuit against Sirius and obtained a temporary restraining order as a result of numerous complaints filed with the no-call division of the Attorney General’s Office.
Koster’s lawsuit alleges violations of the Missouri Merchandising Practices Act and the Telemarketing No-Call List Act. Koster said harassing telephone solicitation calls were made to consumers soliciting satellite radio subscriptions.
Sirius XM officers contested the preliminary injunction at an evidentiary hearing in St. Louis. In issuing its order granting the preliminary injunction, the court found that the Attorney General’s office had established a probability of success at trial on the merits. The judge found that the Missouri citizens on the no-call list would suffer a hardship if the preliminary injunction was not granted. The judge ruled that the preliminary injunction will be in place throughout the litigation until the full trial on the permanent injunction.
In its ruling, the court specifically ordered Sirius XM to stop making repetitive calls to consumers on the no-call list who notified the defendant they rejected the Sirius XM subscription or after their free trial period expired, unless the consumer expressly authorized Sirius XM to call.
“Our office will continue to prosecute any business, regardless of its size, when it makes unlawful telemarketing calls to Missourians registered on our no-call list,” Koster said. "It is a consumer’s right to demand that illegal telemarketing calls that violate Missouri’s laws stop, and no matter how aggressively it fights, no business is immune from Missouri’s no-call law. We will continue to go after those who violate the law.”
Koster reminds Missourians that when they are on the no-call list and receive repetitive calls from telemarketers they can file a complaint about the harassing solicitation calls on his website at www.ago.mo.gov or by calling 1-866-BUZZOFF (1-866-289-9633).