Motion for Writ in People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York v. Sirius Xm Radio Inc.| Trellis.Law

On December 20, 2023 a Exhibit,Appendix was filed involving a dispute between People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York, and Sirius Xm Radio Inc., for Special Proceedings - Other (Executive Law § 63(12)) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 01/19/2024
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NYSCEF DOC. NO. 68
34 RECEIVED NYSCEF: 01/19/2024
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Exhibit 31
FILED: NEW YORK COUNTY CLERK 01/19/2024
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NYSCEF DOC. NO. 68
34 RECEIVED NYSCEF: 01/19/2024
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EXTENSION OF TOLLING AGREEMENT

This agreement ("Agreement") is made and entered into between the Office of the Attorney

General of the State of New York ("OAG") and Sirius XM Radio Inc., together with its

subsidiaries, predecessors, officers, directors, successors and assigns, and all other persons or

entities acting on its behalf or under its control (collectively, "Sirius" and, with the OAG, the

"Parties").

The OAG and Sirius hereby agree as follows:

(1) On April 3, 2023, the Parties executed a tolling agreement (the "Tolling

Agreement") related to a confidential investigation into whether Sirius has violated New York law,

including but not limited to New York Executive Law§ 63(12), New York General Business Law

§§ 349 and 527-a(2), and the Restore Online Shoppers' Confidence Act, 15 U.S.C. § 8403(3) in

connection with Sirius' policies and practices concerning the cancellation of subscriptions that

renew automatically (collectively, the "Potential Claims"). In the Tolling Agreement, the Parties

agreed that any Limitations Defenses (as defined in the Tolling Agreement) relating to any

Potential Claims by the OAG would be tolled for a 6-month period beginning April 3, 2023, and

ending October 3, 2023.

(2) The Parties hereby extend the Tolling Agreement for a four-month period until

February 3, 2024.
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(3) All other terms and conditions of the Tolling Agreement remain in full force and

effect.

Dated:~k 3.. , 2023

SIRIUS XM RADIO INC. Letitia James
Attor e State of New York

By:
Patrick L. Donnelly
Executive Vice Presid Assistant Attorney General
Counsel and Secretary Consumer Frauds & Protection
28 Liberty Street, 20 th Floor
c/o New York, NY 10005
Erika Whyte Tel.: (212) 416-6250
Partner
Jones Day
600 Brickell Ave., Suite 3300
Miami, FL 33131
Tel.: (305) 714-9811

2
FILED: NEW YORK COUNTY CLERK 01/19/2024
12/20/2023 10:45
09:33 AM INDEX NO. 453325/2023
NYSCEF DOC. NO. 68
34 RECEIVED NYSCEF: 01/19/2024
12/20/2023

TOLLING AGREEMENT

This Tolling Agreement (this "Agreement") is entered into as of April 3, 2023 (the
"Effective Date") between the New York State Office of the Attorney General ("OAG") and Sirius
XM Radio Inc., together with its subsidiaries, predecessors, officers, directors, successors and
assigns, and all other persons or entities acting on its behalf or under its control (collectively,
"Sirius" and, with the OAG, the "Parties").

WHEREAS the OAG is conducting a confidential investigation into whether Sirius has
violated New York law, including but not limited to New York Executive Law § 63(12), New
York General Business Law§§ 349 and 527-a(2), and the Restore Online Shoppers' Confidence
Act, 15 U.S.C. § 8403(3) in connection with Sirius' policies and practices concerning the
cancellation of subscriptions that renew automatically (collectively, the "Potential Claims");

WHEREAS the Parties desire to suspend any applicable statutes of limitations, defense of
!aches, or any other defense based solely upon delay or lapse of time (the "Limitations Defenses")
to any Potential Claims that may be brought by the OAG for a period of six months in order to
permit the OAG to continue to pursue its investigation and determine whether to commence any
legal action or proceeding;

THEREFORE, in consideration of the foregoing, the Parties agree as follows:

1. Any Limitations Defenses relating to any Potential Claims by the OAG shall be
tolled until October 3, 2023, the six-month period beginning on the Effective Date (the "Tolling
Period").

2. Nothing in the Agreement shall be construed as precluding Sirius from asserting
the defense that any Potential Claims are untimely, provided that, in asserting such defense, Sirius
does not rely on the passage of time comprising the Tolling Period. Entry into this Agreement by
Sirius does not in any way limit or affect any defense of Sirius to any Potential Claim other than a
Limitations Defense that relies on the passage of time comprising the Tolling Period. In the event
any Potential Claim is asserted against Sirius, Sirius reserves the right to raise any and all defenses
other than a Limitations Defense as tolled by this Agreement. This Agreement shall not in any
manner create, revive or modify any rights, claim or cause of action that was barred as of the
Effective Date.

3. This Agreement does not constitute, and shall not be construed to be, an admission
to any claim of violation of law by Sirius, an admission of fact or liability by Sirius as to any
Potential Claim, or an admission by Sirius that any Potential Claim could properly be asserted
against it, or that any Potential Claim brought against Sirius would have any basis in law or in fact.

4. The Tolling Period, if unexpired, shall conclude automatically upon the
commencement of an action or proceeding in New York State court by the OAG against Sirius or
any of its affiliates concerning the Potential Claims.
FILED: NEW YORK COUNTY CLERK 01/19/2024
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5. This Agreement shall be construed, interpreted, and enforced according to the laws
of the State ofNew York applicable to agreements executed and performed therein.

6. All notices and requests in connection with this Agreement will be deemed given
as of the day they are received either by messenger, electronic mail, delivery service, or in the
United States of America mail, postage prepaid, certified or registered, return receipt requested.
All notices and payments shall be delivered to the addresses set forth under the names of the Parties
below.

7. If any provision of this Agreement is held to be illegal or unenforceable under
applicable law, such provision is to be limited or excluded from this Agreement to the minimum
extent required and the remaining provisions of this Agreement will be interpreted as if such
provision were so limited or excluded and is enforceable in accordance with its terms.

8. This Agreement may be amended, and any provision of this Agreement may be
waived (either generally or any particular instance, and either retroactively or prospectively) only
with the written consent of both Parties.

9. This Agreement may be executed by manual or facsimile/electronic signatures and
in counterparts, each of which shall be deemed an original and all which together shall constitute
one and the same instrument. Facsimile/electronic signatures or signatures delivered in
counterparts or via electronic mail as a PDF attachment shall hold the same force and effect as an
original signature for purposes of this Agreement.

10. This Agreement constitutes the entire understanding of the Parties and replaces any
and all former agreements, understandings and representations relating in any way to the tolling
of Limitations Defenses. No modification or amendment of this Agreement is valid or binding
unless it is in writing and signed by both Sirius and the OAG.

2
FILED: NEW YORK COUNTY CLERK 01/19/2024
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.

SIRIUS XM RADIO INC. Letitia James
Attorney Gt·eral of the State of New York

By1l~e By: ~ __ ,
Patrick L. Donnelly Adam J. iff
Executive Vice Pr.,., ..-....,lllf Assistant Attorney General
Counsel and Secretary Consumer Frauds & Protection
28 Liberty Street, 20 th Floor
c/o New York, NY 10005
Erika Whyte Tel.: (212) 416-6250
Partner
Jones Day
600 Brickell Ave., Suite 3300
Miami, FL 33131
Tel.: (305) 714-9811

3
FILED: NEW YORK COUNTY CLERK 01/19/2024
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35 RECEIVED NYSCEF: 01/19/2024
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Exhibit 32
FILED: NEW YORK COUNTY CLERK 01/19/2024
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NYSCEF DOC. NO. 68
35 RECEIVED NYSCEF: 01/19/2024
12/20/2023
AFFIDAVIT

STATE OF -F{o,t:J'dt\ _ )
) ss.:
coUNTYOF f}noJlas )

_·.... --<:.--i"_.i.._l·__._J=-1lc_'.l=¼+-·_(FULL
·d.._-,""-i-+f_,_.11'----J.....c<;.""'",;_._._f_---...,,;-:.=·tyy_: NAME), being duly sworn, deposes and says:
1

(ADDRESS).
2. The attached complaint and/or letter is a true and correct copy of a complaint I
submitted concerning my experiences with Sirius XM.
3. The complaint and/or letter attached to this Affidavit is a true and accurate
account of my experiences.
4. The copies of the correspondence and other documents attached to the complaint
and/or letter are true and correct representations (if applicable).
S. Since the date of the complaint, the following has occurred (if applicable -
attach additional pages if necessary):

(SIGNATURE)

.l-1, [ I + [ .J o,J 3
(DATE) 1

Subscribed and sworn to before me this rJ/tJay of ?lpr( [ ,2023 .

.c~,;?-~~-. DANA BANNING
t/Ji,,'\.}
MY COMMISSION# HH 117509
'-~A~~; EXPIRES: July 13, 2025
·•.,~. ~?,f,~?.•••· Bonded ThN Nola,y Publlo UnclerWlitefs
FILED: NEW YORK COUNTY CLERK 01/19/2024
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NYSCEF DOC. NO. 68
35 RECEIVED NYSCEF: 01/19/2024
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SiriusXM Radio
Case #: 16008768

Consumer Banning, Therese Business SiriusXM Radio
Info: 200 Main Street Info: 1500 Ecklngton Place NE
Dunedin, FL 34698 Washington, DC 20002
7272107328 2024592656
tban nl ng@tampa bay .rr.com

Date Filed: 10/9/202110:16:13 AM

Nature of the Complaint: Billing or Collection Issues
Consumer's Original Complaint:
Cancelled my membership with this company by phone, they say they have no record of conversation.
They continue to call and harass me over it! They say I owe them $23.21 for pro-rated services, which I
stopped using it when it was ended. They make it so hard to cancel and it is terrible!
Consumer's Desired Resolution:
Billing adjustment; No further contact by the business

Complaint Messages
10/10/2021 - Better Business Bureau Serving Metropolitan New York
You have a message from Dispute Resolution Services at the NYBBB re: Complaint #16008768
Tiffany Haggerty
SiriusXM Radio
1500 Eckington Place NE
Washington DC 20002

Dear Tiffany Haggerty:

COVID-19 has impacted the lives and businesses of people all over the world. It is touching all of us in
ways we never imagined. We hope that you, your family, and your employees are healthy and safe and
that this crisis will pass soon.

Better Business Bureau understands that this is a difficult time for companies and their employees.
Please know that we are here to help. Go to https://www.bbb.org/1oca1-bbb/bbb-serving-metropolitan-
new-york for information about businesses, tips about the latest scams and other topics. If you're
thinking of making a donation, go to https://www.bbb.org/new-york-city/charities-donors to help you
find a charity that meets BBB standards for charitable donations.

We realize that your business may be operating remotely or with reduced staff resources, or your
operations may be suspended. If you need more time to address the enclosed complaint issue, the best
way to reach us is by email at complaints@newyork.bbb.org. If you are unable to email, please call us at
FILED: NEW YORK COUNTY CLERK 01/19/2024
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the number below the signature line. It is quite likely that we will not be able to answer your call, but
leave a message. BBB staff is working remotely and will respond to you as soon as we can. Please do not
send postal mail to us right now, as we do not know when we will be able to retrieve anything that is
mailed to us.

We've all been affected by the pandemic in some way and it is by helping one another that we will get
through this and come out as strong as ever.

Sincerely,
The Staff of Better Business Bureau

Original Letter

The Better Business Bureau has received a customer complaint about your business and is requesting
your response. The complaint was assigned ID 16008768.

One of your BBB's core services is to help businesses resolve consumer complaints in a fair, fast, and
equitable way. In the BB B's experience, responses that help to foster trust in a business:

• Acknowledge customer concerns
• State the facts as you see them and avoid emotion
• Explain the actions you can and can't take to resolve concerns

You will find a copy of the consumer's complaint provided after the signature line of this letter (on the
reverse or attached). Even if you have already addressed the consumer's concerns, please respond so
that your BBB file does not reflect any unanswered complaints. This is very important because we report
unanswered complaints in your company's BBB Business Review, and a firm's rating will be affected by
its failure to answer even one complaint and by its failure to keep its information up to date. To review
and update the information we currently maintain about your business, go to
http://go.bbb.org/lqNvREr and follow the instructions on the page.

To respond, simply click on the "Respond to this Complaint" link located on the left, when you are ready
to answer. Your response will be forwarded to the consumer upon receipt by BBB.

Due to the COVID-19 pandemic, BBB staff is working remotely and is currently unable to receive or
process postal mail. If you are unable to respond electronically, please submit your response via fax to
the number on this letterhead.

We request a response within 20 days of this notice.

Your initial response and your final response to the complaint will be made public in the BBB Business
Profile for your business on http://bbb.org/new-york-city. Please be careful to make statements that
FILED: NEW YORK COUNTY CLERK 01/19/2024
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35 RECEIVED NYSCEF: 01/19/2024
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Order Number:
Model Number:
Product or Service Purchased:

Desired Settlement:
Other (requires explanation)
Billing adjustment; No further contact by the business

BBB Complaint Analyst:
Dispute Resolution Services

10/10/2021 - Better Business Bureau Serving Metropolitan New York
Complaint has been sent to the business.
Therese Banning
200 Main Street Unit 406
Dunedin, FL, 34698

Dear Therese Banning:

This is in reference to your complaint against SiriusXM Radio. Your complaint was assigned ID
#16008768.

Your complaint has been sent to the business for their response. Once they have responded to the BBB,
we will contact you again. Please note that most businesses have been affected by the COVID-19
pandemic; many employees are working remotely with reduced resources and some businesses may
have suspended operations. Because of these unprecedented circumstances, BBB is allowing
additional time for the complaint process.

In the meantime, if you have further communication directly with the business that results in a
resolution, please send us a message through this link or via email to complaints@newyork.bbb.org to
let us know. No other action is needed at this time, unless your complaint has been resolved. Please do
not send postal mail to us right now. BBB staff is working remotely and we do not know when we will
be able to retrieve anything that is mailed to us. If you are unable to email us, please correspond by
sending a fax to the fax number in this letterhead. Please be sure to include ID #16008768 in all
correspondence and voicemail messages.

Please note: if the complaint you filed is about COVID-19 related price gouging, BBB urges you to also
FILED: NEW YORK COUNTY CLERK 01/19/2024
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are correct and not likely to create liability for you when they are published.

Sincerely,
Dispute Resolution Services
Complaint Analyst
Phone: (212) 358-2881

THE TEXT OF YOUR COMPLAINT WILL BE PUBLICLY POSTED ON THE BBB WEB SITE (BBB reserves the
right to not post in accordance with BBB policy). PLEASE DO NOT INCLUDE ANY UNNECESSARY
PERSONALLY IDENTIFIABLE INFORMATION (such as social security numbers, birth dates, etc.) IN
DESCRIBING THE NATURE OF YOUR COMPLAINT. BY SUBMITTING YOUR COMPLAINT, YOU ARE
REPRESENTING THAT IT 15 A TRUTHFUL ACCOUNT OF YOUR EXPERIENCE WITH THE BUSINESS. BBB MAY
EDIT YOUR COMPLAINT TO PROTECT PRIVACY RIGHTS AND TO REMDVE INAPPROPRIATE LANGUAGE.

CUSTOMER EXPERIENCE INFORMATION

(ID# 16008768}

SiriusXM Radio

Customer Information:
Therese Banning
200 Main Street Unit 406
Dunedin, FL 34698

Daytime Phone: (727) 210-7328
E-mail: tbanning@tampabay.rr.com

The details of this matter are as follows:

Complaint Involves:
Billing or Collection Issues

Customer's Statement of the Problem:
Cancelled my membership with this company by phone, they say they have no record of conversation.
They continue to call and harass me over it! They say I owe them $23.21 for pro-rated services, which I
stopped using it when it was ended. They make it so hard to cancel and it is terrible!
FILED: NEW YORK COUNTY CLERK 01/19/2024
12/20/2023 10:45
09:33 AM INDEX NO. 453325/2023
NYSCEF DOC. NO. 68
35 RECEIVED NYSCEF: 01/19/2024
12/20/2023

file complaints with one of the following government agencies (depending on where the seller is
located):

In New York City: The New York City Department of Consumer and Worker Protection (DCWP) has a
temporary declaration in place regarding excessive prices charged for face masks, hand sanitizer, and
disinfectant wipes. DCWP encourages consumers who are overcharged to file a complaint at
nyc.gov/dcwp or by contacting 311 and saying "overcharge."

In Nassau County: The County Executive is encouraging residents to report any instance of price gouging
they find -whether online or locally- to the Nassau County Department of Consumer Affairs at
pri cego ugi ng@n assa uco u ntyny .gov.

New York State (outside of NYC): For information on items covered by New York State's price gouging
statute and to file a complaint about Coronavirus-related overcharging, please go to:
htt ps://ag. ny .gov/price-gouging-complaint -fa rm.

Your statement of your complaint [and your final response to any replies from the business] may be
made public in the BBB Business Profile for this business on newyork.bbb.org. Please be careful to make
statements that are correct and not likely to create liability for you when they are published.
Sincerely,

Dispute Resolution Services
Complaint Analyst
Phone: (212) 358-2881

THE TEXT OF YOUR COMPLAINT WILL BE PUBLICLY POSTED ON THE BBB WEB SITE (BBB
reserves the right to not post in accordance with BBB policy). PLEASE DO NOT INCLUDE ANY
UNNECESSARY PERSONALLY IDENTIFIABLE INFORMATION (such as social security numbers, birth dates,
etc.) IN DESCRIBING THE NATURE OF YOUR COMPLAINT. BY SUBMITTING YOUR COMPLAINT
YOU ARE REPRESENTING THAT IT IS A TRUTHFUL ACCOUNT OF YOUR EXPERIENCE WITH THE
BUSINESS. BBB MAY EDIT YOUR COMPLAINT TO PROTECT PRIVACY RIGHTS AND TO REMOVE
INAPPROPRIATE LANGUAGE.

10/19/2021 - Geraldine Roberts
Respond to Complaint

October 19, 2021
FILED: NEW YORK COUNTY CLERK 01/19/2024
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The Better Business Bureau Serving Metropolitan New York
Mediator
30 East 33rd Street-12th Floor
New York, NY 10016

Re: BBB Complaint ID 16008768, Therese Banning

Hello Mediator,

Thank you for contacting SiriusXM on Therese Banning's behalf. We regret that her recent experience
led to a complaint with your agency. After researching Ms. Banning's account, it was found that her
complaint regarding being contacted for an outstanding balance resulted from the automatic renewal of
her subscription. Per the terms and conditions in our Customer Agreement, subscriptions automatically
renew at the rates in effect at the time of each renewal until the subscriber calls us to cancel. Her
outstanding balance has been removed.

On September 12, 2021, the 6-month subscription on radio id ending in 93MT automatically renewed
per the terms and conditions in our Customer Agreement and an invoice was sent for the $142.54
balance. On October 9, 2021, at Ms. Banning's request, we cancelled the subscription, leaving a $23.21
balance for used time since renewal.

A member of our Corporate Solutions Team reached out to Ms. Banning to further discuss her
complaint. We explained that we show no documentation of a cancel request prior to October 9,
2021. We cleared the $23.21 balance so her account currently reflects a $0 balance. Should Ms.
Banning have any additional questions or concerns, we ask that she contact us utilizing our contact
information below.

We have taken appropriate measures to address Ms. Banning's concerns. If you'd like to contact us
regarding this matter, please use the information listed below.

SIRIUSXM Radio Inc.

To: Tiffany S. Haggerty
customerservice@siriusxm.com
Attention: Consumer Advocacy
1500 Eckington Place NE
Washington, DC 20002

Sincerely,
FILED: NEW YORK COUNTY CLERK 01/19/2024
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Geraldine Roberts
Sirius XM Corporate Solutions Team
1-855-238-9256 (option 3)

10/20/2021 - Better Business Bureau Serving Metropolitan New York
Response received from the business about your complaint.
Therese Banning
200 Main Street Unit 406
Dunedin, FL, 34698

Dear Therese Banning:

This is in reference to your complaint against SiriusXM Radio. Your complaint was assigned ID
#16008768.

The business has sent the BBB a response regarding this complaint, which is below or attached. Please
respond to this message within 6 days. Please do not send postal mail to us right now. BBB staff is
working remotely and we do not know when we will be able to retrieve anything that is mailed to us. If
you are unable to respond electronically, please correspond by sending a fax to the fax number in this
letterhead. If you need additional time to respond, please email us at complaints@newyork.bbb.org or
call us at the number below the signature line.

If we do not hear back from you within that time, we will close the case as "BBB has not heard back from
the consumer as to their satisfaction with the business's response, or the business addressed the issues
within the complaint, but the consumer remains dissatisfied."

Sincerely,

Dispute Resolution Services
Complaint Analyst
Phone: (212) 358-2881

THE TEXT OF YOUR COMPLAINT WILL BE PUBLICLY POSTED ON THE BBB WEB SITE (BBB
reserves the right to not post in accordance with BBB policy). PLEASE DO NOT INCLUDE ANY
FILED: NEW YORK COUNTY CLERK 01/19/2024
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NYSCEF DOC. NO. 68
35 RECEIVED NYSCEF: 01/19/2024
12/20/2023

UNNECESSARY PERSONALLY IDENTIFIABLE INFORMATION (such as social security numbers, birth dates,
etc.) IN DESCRIBING THE NATURE OF YOUR COMPLAINT. BY SUBMITTING YOUR COMPLAINT,
YOU ARE REPRESENTING THAT IT IS A TRUTHFUL ACCOUNT OF YOUR EXPERIENCE WITH THE
BUSINESS. BBB MAY EDIT YOUR COMPLAINT TO PROTECT PRIVACY RIGHTS AND TO REMOVE
INAPPROPRIATE LANGUAGE.

MESSAGE FROM BUSINESS:

October 19, 2021

The Better Business Bureau Serving Metropolitan New York
Mediator
30 East 33rd Street-12th Floor
New York, NY 10016

Re: BBB Complaint ID 16008768, Therese Banning

Hello Mediator,

We have taken appropriate measures to address Ms. Banning's concerns. If you'd like to contact us
regarding this matter, please use the information listed below.
FILED: NEW YORK COUNTY CLERK 01/19/2024
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SIRIUSXM Radio Inc.

To: Tiffany s. Haggerty
customerservice@siriusxm.com
Attention; Consumer Advocacy
1500 Eckington Place NE
Washington, DC 20002

Sincerely,

Geraldine Roberts
Sirius XM Corporate Solutions Team
1-855-238-9256 (option 3)

10/20/2021 - Therese Banning
I accept the business's response to this complaint.
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 16008768, and find
that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Therese Banning

10/21/2021 - Better Business Bureau Serving Metropolitan New York
BBB has now closed this case as resolved.
Therese Banning
200 Main Street Unit 406
Dunedin, FL, 34698

Dear Therese Banning:
FILED: NEW YORK COUNTY CLERK 01/19/2024
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35 RECEIVED NYSCEF: 01/19/2024
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This is in reference to complaint ID #16008768 about SiriusXM Radio. You have confirmed that the
response made by the business was satisfactory to you and the BBB has now closed this case as
resolved. We are pleased to have been of assistance to you.

As you may know, your BBB is a not-for-profit organization that receives no government funding. Most
of the BB B's support comes from our Accredited Businesses. In addition to helping resolve complaints
as we did for you, we also provide information on the reliability of companies and charities in our area.

Please consider making a donation to The Better Business Bureau of Metropolitan New York, Inc. to help
us serve you and others in the future. Even a small amount can help us a lot. If you would like to make
a donation, please send a check to:

Better Business Bureau
Consumer Donations
399 Conklin Street, Suite 300
Farmingdale, NY 11735

Donations/gifts/contributions made to The Better Business Bureau of Metropolitan New York,
Inc. are NOT tax deductible as charitable contributions. Donations are completely voluntary. If you have
asked us to continue working on your case, we will do so whether you make a donation or not.

Thank You,

Dispute Resolution Services
Complaint Analyst
Phone: (212) 358-2881

THE TEXT OF YOUR COMPLAINT WILL BE PUBLICLY POSTED ON THE BBB WEB SITE (BBB
reserves the right to not post in accordance with BBB policy). PLEASE DO NOT INCLUDE ANY
UNNECESSARY PERSONALLY IDENTIFIABLE INFORMATION (such as social security numbers, birth dates,
etc.) IN DESCRIBING THE NATURE OF YOUR COMPLAINT. BY SUBMITTING YOUR COMPLAINT,
YOU ARE REPRESENTING THAT IT IS A TRUTHFUL ACCOUNT OF YOUR EXPERIENCE WITH THE
BUSINESS. BBB MAY EDIT YOUR COMPLAINT TO PROTECT PRIVACY RIGHTS AND TO REMOVE
INAPPROPRIATE LANGUAGE.
FILED: NEW YORK COUNTY CLERK 01/19/2024
12/20/2023 10:45
09:33 AM INDEX NO. 453325/2023
NYSCEF DOC. NO. 68
36 RECEIVED NYSCEF: 01/19/2024
12/20/2023

Exhibit 33
FILED: NEW YORK COUNTY CLERK 01/19/2024
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36 RECEIVED NYSCEF: 01/19/2024
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AFFIDAVIT

STATE OF C11\(fom°HJ, )
) ss.:
COUNTY OF san Dit§V )

~M=·m......:taA..........___,_,8~6\_lf~h_ _ _ _ _ _ _ (FULL NAME), being duly sworn, deposes and says:

1. I reside at Ibo1 CCdl!brf Cl ,St 7 5G\t'lrtt I CA qlo 1I
_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ __ _ (ADDRESS).
2. The attached complaint and/or letter is a true and correct copy of a complaint I
submitted concerning my experiences with Sirius XM.
3. The complaint and/or letter attached to this Affidavit is a true and accurate
account of my experiences.
4. The copies of the correspondence and other documents attached to the complaint
and/or letter are true and correct representations (if applicable).
5. Since the date of the complaint, the following has occurred (if applicable - attach
additional pages if necessary): ASiril/S rerresrniCit,-11e rnllfd me 1,1,:1a cfotN, thM ±bey k'it91t(d
on~ cefv11d :11'l 41 ,viQ ~~sis j£ cg(nllp.tioVI ,n tbr 0.mo vab I er 'imsted rAr'.lgf:hec yefl,od of
'51go.1a I rr01a1V1iY)~ 0n011AtS\ cmd +bat Sirivs m1dt stir emaili-oq Q¥ sCY1d10~ r'rlf pro b:1op·ona1
letters siri\bS mver refut1~cd th~ ttma1nit1~ chqt1ts Jo l coned fa1rr±nl a~e, h filt
cb0~t di$f\itfS Altho\,,ri Si'd\!S shrpe~ tH1t0Lf:n13 IYJC. j'(l LD21, the~ i~Y) l(f my
~g-nQr- o~vtl:CArJ req:vut ~nd hMcd seflt YvJe. rtnm~tiovrn1 l:rttus to my b~r:nt
od.~rrss sincg, \tie ze 22. F1e0sr Ste. {,\trntbecA e,rrd,t rnrd sft\nt0cY1t svppHiJ ·o§ rflY n,tt
u.b~ .

(SIGNATURE)

3 31,7,3
(DATE)

Subscribed and sworn to before me this -2...!._ day of Jf,1/4t.Vf , 2023.

/2.~-"* £lee-A-r-r-4::J-IG'i) ~~r ~e.,_
Notary Public
FILED: NEW YORK COUNTY CLERK 01/19/2024
12/20/2023 10:45
09:33 AM INDEX NO. 453325/2023
NYSCEF DOC. NO. 68
36 RECEIVED NYSCEF: 01/19/2024
12/20/2023

CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§ 8202
~~u'llJafll008tlfl®}OflH~~~l®f~~
){ See Attached Document {Notary to cross out lines 1-6 below)
□ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)

(, ------------------
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California Subscribed and sworn to (or affirmed) before me

Countyof _5f,J
__'[).
_ '!Fr
_~
¥:-z.o~ - - - on this 3I day of d(/.1£!!__// ,20_2...3
_ ,
by Date Month Year

e 11 e M ,.._,..w,- e ~
TYSO.~ C. ECKEL (and (2} _ _ _ _ _ _ _ _ _ _ _ __ ),
Notary Public - Ca liicr ,i ia z Nome(s) of Signer(s)
Sa n Diego Cou nt·, s:
Commi,1ion ~ 2n,i,z4 -
y Comm. Expire1 Sep 25, 2024
proved to me on the basis of satisfactory evidence to
be the person(s) who appe red before me.

Signature
Place Notary Seo/ and/or Stomp Above

- - - - - - - - - - - - - - - - OPTIONAL - - - - - - -- - - - - -- - ~

Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.

Description of Attached Document

Title or Type of Document: _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __

Document Date: _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ Number of Pages: _ _ _ _ _ __

Signer{s) Other Than Named Above: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __

M1304-08 (09/19)
FILED: NEW YORK COUNTY CLERK 01/19/2024
12/20/2023 10:45
09:33 AM INDEX NO. 453325/2023
NYSCEF DOC. NO. 68
36 RECEIVED NYSCEF: 01/19/2024
12/20/2023
Pa~e 2 of 3
Vi sa Signature Accou nt End ing in 0576
CapitaJCJ, le Jan. 04, 202 ! - Feb. 03 . 2021 ' 31 days in B1ll mg Cycle

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Case Info

Judge

Lyle E. Frank Track Judge’s New Case

Case No.

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Document Filed Date

January 19, 2024

Case Filing Date

December 20, 2023

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Exhibit,Appendix: People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York v. Sirius Xm Radio Inc.

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