Plaintiffs’ Claims Are Barred by ‘Binding Agreement to Arbitrate’: SiriusXM’s Answer

SiriusXM denies, “generally and specifically,” each and every allegation in the fraud class action brought by Christopher Carovillano and Steven Brandt alleging that the company advertises its monthly music plans at lower prices than it charges, said its answer Tuesday (docket 1:23-cv-04723) in U.S. District Court for Southern New York in Manhattan. U.S. District Judge Paul Engelmayer, in a Feb. 6 opinion and order, dismissed the complaint’s claims for injunctive relief under New York business law without prejudice to the plaintiffs' right to pursue their claims in state court (see 2402070040). He also dismissed the complaint’s unjust-enrichment claims with prejudice but otherwise denied SiriusXM’s motion to dismiss, with orders for SiriusXM to answer the complaint by Tuesday. The claims of the plaintiffs and the putative class are barred, in whole or in part, because they haven’t suffered any injury or damages, said SiriusXM's answer. Their claims also are barred “by a binding agreement to arbitrate,” it said.