Gavel, 2014.
Marilyn Nieves/Getty Images

A settlement between SiriusXM and Francis W. Hooker, Jr., who brought suit against the company in 2012, has been submitted to Arenda L. Wright Allen, the Eastern District of Virginia judge appointed to the case.

If approved, SiriusXM would establish a $35 million settlement fund from which "notice, administrative costs, service awards, and attorneys fees, costs, and other expenses" would be drawn by Hooker and those appointed to oversee its disbursement among those eligible to participate in the settlement. Those eligible must have: purchased, before April 5, 2016, a vehicle which came with a SiriusXM trial; received a call from SiriusXM on their cell or wireless phone between Feb. 15, 2008 and July 5, 2016; and never paid for the radio service prior to July 5, 2016.

The suit concerned alleged "robo-dialing" that SiriusXM hired a telemarketing firm to try and convince those using its service under a trial period to become subscribers by cold-calling them. A car purchased by Mr. Hooker in 2012 came with a free three-month trial subscription to the satellite radio service, after which he began receiving calls on his cell phone in an attempt to make him a full-time subscriber.

SiriusXM Grows Subscribers, Earnings in Second Quarter

Hooker's initial complaint says that SiriusXM's telemarketing violated the Telephone Consumer Protection Act of 1991, which Hooker wrote in 2012 "prohibits the use of autodialers or artificial or prerecorded voices to make any non-emergency call to a cellular or wireless phone number in the absence of prior express consent of the called party."