Springfield, MO

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Attorney general steps up case against Sirius XM

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State Attorney General Chris Koster obtained a preliminary injunction against Sirius XM Radio Inc., following a suit against the company filed on Sept. 3.

Koster's lawsuit alleges that Sirius XM violated the Missouri Merchandising Practices Act and the Telemarketing No-Call List Act by making calls to consumers on the no-call list soliciting radio subscriptions. Koster put a temporary restraining order on the company on Sept. 8, disallowing calls to the no-call list, according to Springfield Business Journal coverage.

Sirius XM contested the preliminary injunction at a St. Louis evidentiary hearing. The court found that the attorney general's office had established a probability of success at trial based on the evidence, the release said.

The preliminary injunction - which will be in place throughout litigation until the full trial on the permanent injunction - was granted due to a ruling suggesting that Missouri citizens on the no-call list would suffer a hardship if it wasn't. The court prohibited Sirius XM from making calls to Missouri's no-call list unless the consumer has given permission, according to the release.

“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 in the release. "It is a consumer’s right to demand that illegal telemarketing calls that violate Missouri’s laws stop."

In addition to suing the company over the no-call issue, Koster is also seeking a $5,000 civil penalty cost for each Missouri law violation for investigation and court costs.a[[In-content Ad]]


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