Cletus: “XM Has Commercials, Ergo Is Not Commercial-Free”
  • 5 Comments
by John Biggs on April 20, 2007

anger.jpgAn Arkansas man is madder than a snake in a rocking chair factory and is suing XM Satellite Radio for falsely stating that it has 100 percent commercial-free music channels. While his complaint is valid — most of the music channels have promos for other channels and the less popular channels advertise all kinds of crap — this definitely feels like a sham lawsuit. The major channels have no advertisements – 20 on 20 is a notable example, which is just a countdown of music from 20 to 1 based on listener requests.

The case has been bumped up to U.S. District Court and apparently there is no way to give this guy a free radio and a few thousand bucks just to shut him up. Clearly Arkansians need a bite more to occupy themselves if XM’s unfair practices are a big issue out on the prairie.

Edit: That doesn’t seem like a sham to me. Commercial free means commercial free — not some channels are commercial free and others are not. It seems to me that the subscription fee is paid in lieu of commercials. If not for avoiding ads, what the hell is the point of satellite radio? It doesn’t offer content that is really any better than terrestrial fare. Maybe the guy is overreacting, but the premise of his complaint is entirely valid. – Blake

Court: Lawsuit Against Satellite Radio Company Can Proceed [NWAOnline]

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  • I agree with the editor’s “Commercial free means commercial free” remark and think the lawsuit is legit enough.

    But “doesn’t offer content that is really any better than terrestrial fare”?!?! Man, I wish I lived near you. Where do I need to move to be able to get that many great, varied radio stations for free?

  • I guess what it boils down to is that I’ve become rather jaded to programming in general. By working online in new media, I already get more news and opinions than I possibly want, or could possibly use if I did want. Also I’d rather listen to CDs than their music in almost any situation.

    So perhaps I should issue the disclaimer that it’s a matter of personal opinion. The content is no better here (in New Orleans), because I think it just all sucks universally–XM or otherwise.

  • Have any of you actually seen the XM ads?

    Apparently not, including the dope that filed the lawsuit.

    The premise of his complaint is utter BS.

    XM does not claim they have 100% commercial free music channels in their ads. What they claim is that they have the most commercial free music channels on satellite radio (which they do).

    The commercial channels are ones owned by ClearChannel which were forced, under an agreement either last year or the year before, to allow commercials. At that point, XM changed their ads to read “The most commercial free music on satellite radio” instead of their former blanket ads that said they were commercial free.

    This bonehead is 100% looking for a payday. I hope XM fights it on principle alone and doesn’t end up giving him one cent.

  • I don’t agree he’s looking for a payday. I bought into a long-term subscription on XM before they started these commercials. 100% commercial free music was one of the reasons I did so. I too was really mad when they started airing the commercials.

    I hope this subscriber also keeps up the fight “on principle alone”.

  • Then you should be pissed at Clear Channel “on principle alone” not XM “on principle alone.” because the commercials are only on Clear Channel stations. It’s a grand total of 5 channels with 70 that don’t have commercials.

    Get a grip.

    Clear Channel bitched.

    The Courts made XM do it.

    It’s not like XM decided overnight to do it.

    This guy is looking for a payday.

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