SiriusXM Appellants Say Mediation Won't Be Conducive to Their False Ad Appeal

Plaintiff-appellants Ayana Stevenson, David Ambrose and Lisa Ramirez don’t believe that mediation would be conducive to their appeal against SiriusXM, “which will probably focus on pure issues of law,” said their mediation questionnaire Tuesday (docket 23-4018) at the 9th U.S. Circuit Court of Appeals. They allege that SiriusXM falsely advertised its music plans at lower prices than it actually charges, and contend that the district court erred when it granted SiriusXM’s motion to compel their claims to arbitration (see 2311130005). The two main issues on appeal are whether the plaintiffs may properly raise a violation of the Discover Bank rule, and whether a provision prohibiting arbitration as a private attorney general violates the McGill rule by prohibiting public injunctive relief, said the questionnaire. In the Discover Bank rule, the U.S. Supreme Court ruled in a 2005 decision that an arbitration clause was unenforceable because a class-action waiver contained within it would exculpate Discover Bank from liability for wrongdoing involving small sums of damages. Under California's McGill rule, an arbitration provision that waives the right to seek public injunctive relief in all forums is unenforceable.