SAMPLE ISSUE

BULLETIN #701

MO AG GETS PRELIMINARY INJUNCTION AGAINST SIRIUS XM RADIO FOR ALLEGED VIOLATIONS OF NO-CALL LAWS

ALLEGEDLY REPEATEDLY CALLED CONSUMERS ON MISSOURI NO-CALL LIST

Missouri's Attorney General Chris Koster obtained a preliminary injunction against Sirius XM Radio, Inc. for allegedly repeatedly calling consumers on the Missouri no-call list who had objected to such calls. Koster had earlier filed a lawsuit against Sirius and obtained a temporary restraining order as a result of many complaints filed with the no-call division of the Attorney General's Office.

MISSOURI MERCHANDISING PRACTICES ACT AND TELEMARKETING NO-CALL LIST ACT

Koster's lawsuit alleged 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.

Article Continues Below

WHAT COURT DID

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." so said the Attorney General. "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."

LAWYER's REFERENCE SERVICE

Mo. Attorney General Chris Koster, News Release, October 6, 2010.

Volume XXX
Issue 21
November 1, 2010
Page 17-18

Advertising Compliance Service is a REFERENCE COMPENDIUM of JLCom Publishing Co., L.L.C.

NOTICE: This publication is not intended to provide legal advice. Persons who need legal services should contact a duly licensed professional.

Go to the NEXT section of this online Sample Issue

Go to the PREVIOUS section of this online Sample Issue

(Editor's Note: This article, "MO AG Gets Preliminary Injunction Against Sirius XM Radio for Alleged Violations of No-Call Laws," appears in the November 1, 2010 issue of Advertising Compliance Service.

IMPORTANT NOTICE: Materials included in this Web Site are intended for general information purposes only and are not intended to provide - and do not constitute - legal or other advice. Persons who need legal or other services should contact a duly licensed professional. Inclusion of links on this Website are to Websites that are maintained by third parties over whom JLCom Publishing Co., LLC has no control. Such links do not imply endorsement of the material that is contained therein. JLCom Publishing Co., LLC makes no claims, representations, or warranties as to the accuracy, completeness, or appropriateness of these Web sites or the information these websites contain. Read this disclaimer and our privacy statement before using this site.