Woods

BACKGROUND

24 A. Factual Background 25 Sirius XM is a New York based company that provides satellite radio and internet-based 26 27 music streaming plans to approximately 33.9 million consumers nationwide, including 3.97 subscribers use the music plans in their cars. FAC ¶¶ 15, 18. More than 100 million vehicles 1 2 come with Sirus XM satellite radio pre-installed and more than 13 million people who purchase a 3 new vehicle are provided a free trial of Sirius XM each year. FAC ¶ 18. 4 Plaintiffs Denise Woods (“Woods”) and Sherry Tapia (“Tapia”) (together, “plaintiffs”) 5 allege that in addition to the rate advertised to its customers for its radio and streaming services, 6 Sirus XM charged an additional hidden fee, called the “U.S. Music Royalty Fee.” FAC ¶ 2. Sirius 7 XM first added the U.S. Music Royalty Fee to its satellite radio plans in 2009, charging a 13.9% 8 flat rate. FAC ¶ 24. Over time, the rate increased to its current rate of 21.4%.1 FAC ¶ 24. 9 10 Plaintiffs allege that Sirius XM failed to disclose these fees until at least June of 2023. FAC ¶87. 11 Sirius XM customers’ subscriptions are set up for automatic renewal and Sirius XM does…