Sirius XM is looking to get the ‘bait-and-switch’ lawsuit filed by subscribers moved into arbitration.
The was filed in New Jersey state court by a Sirius XM subscriber. Jeffrey Parrella said he received a flyer offering three years of service for $99. But when he tried to sign up for the service, SiriusXM only offered one year for $60.
Parrella accepted the offer but stated he wanted the mail order offer. The complaint accused SiriusXM of violating the New Jersey Consumer Fraud Act. The satellite giant filed to have the matter removed to federal court in July.
Now, Sirius XM is seeking to move the lawsuit into arbitration, citing a clause in the customer agreement. The radio giant urged the court on Friday to toss the proposed class action and compel arbitration. Sirius XM argues Parrella should be bound by the he signed, which features an arbitration clause.
A shows Sirius arguing that fact.
“There can be no credible dispute that plaintiff’s claims … fall within the scope of the customer agreement’s broad arbitration provision covering ‘any legal or equitable claim relating to the service, the site, or [plaintiff’s] subscription or this agreement.”
Sirius XM says the defendant received a hard copy of the customer agreement with the clause in his welcome kit. The agreement says customers are legally bound to its terms if they do not notify Sirius XM of intent to cancel within three business days of the start of the plan.
“Plaintiff did not contact Sirius XM within this time period — or at any other time before or after his twelve-month select service subscription began on Feb. 8, 2018 — to cancel his subscription, or to discuss the customer agreement or his account in any way.”
SiriusXM adds that the plaintiff continued to enjoy their services after the plan he bought expired. He is still a customer and pays a monthly bill for the service. SiriusXM says a valid arbitration agreement exists because Parrella chose not to cancel his subscription and in fact, continues to enjoy its services.
Many people like to state that when Iron Man launched in 2008, Kevin Feige was just throwing a dart into space and hoping for the best. Critics claim that at first, the MCU was just a shot in the dark which wasn’t meant to get this big. Feige just proved those people wrong. As reported by Entertainment Weekly, at the 45th annual Saturn Awards, Kevin Feige was presented with the first-ever Stan Lee World Builder Award. Afterward, he revealed a deleted post-credits scene from the first Iron Man that shows Nick Fury referencing both Spider-Man and the X-Men.
“We pulled some things out that vault that we said, ‘We’ll never show this to anybody, put it away,’” Feige stated. “We’re bringing them out, we’re putting them on this disc, and I’m about to show you a deleted scene that has never been seen by anyone before right now.” The scene shows Fury with his back to the camera as he begins his monologue. Fury speaks “gamma accidents, radioactive bug bites and assorted mutants” before complaining about having to “deal with a spoiled brat who doesn’t play well with others and wants to keep all his toys to himself.” He then brings up the Avengers Initiative. The scene was replaced by the one we all know, where Fury does almost the same thing, he just doesn’t mention the X-Men and Spider-Man. This deleted scene proves that Feige was thinking about the X-Men and Spider-Man before the first Iron-Man even launched. Now that’s world-building.
Billie Eilish is in a charitable mood. Yesterday, the pop star used her platform on Instagram to announce her plans to donate a portion her earning from her Atlanta’s Music Midtown Festival performance to Planned Parenthood.
This timing is intentional. Georgia currently has some the most restrictive regulations abortions in the United States. “ATLANTA. One my favorite places in the world, to be in, and play shows!! But I do not love the state’s lawmaker’s decision to take away women’s rights. I still cannot believe we are even having this conversation in 2019,” the singer wrote on a no-longer-available Instagram story. So far, there have been over 300 bills filed limiting access to abortions in this country. Planned Parenthood hopes to combat this movement with help from the music industry. Eilish is one 140 artists who have endorsed Planned Parenthood.
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She ended the post saying, “I’m donating a portion my guarantee tomorrow to @plannedparenthood. We need this organization more than ever. Swipe up to learn more and sign the petition, and if you have any spare change, donate. You can seriously help someone. See you tomorrow atl.”
You can find a screenshot the story over at Complex.
Team USA has an international reputation being the best. In the past, competitors have even stopped to get autographs from Team USA players after being defeated by them. That isn’t how things looked this year. The 2019 FIBA World Cup was expected to be a difficult challenge for Team USA due to injuries and star players not joining the roster this year. Still, no one thought the team would end up in 7th place. With a roster like Donovan Mitchell, Kemba Walker, Marcus Smart, Khris Middleton, Jayson Tatum, Brook Lopez and more, fans believed Team USA could get at least a top 3 finish. Team USA Coach Gregg Popovich recently spoke with ESPNabout the critics who have shamed the squad for their defeat, and as usual Pop got straight to the point.
“Some people want to play the blame game. There’s no blame to be placed anywhere,” Popovich stated. “They want to play the shame game, like we should be ashamed because we didn’t win a gold medal? That’s a ridiculous attitude. It’s immature, it’s arrogant, and it shows that whoever thinks that doesn’t respect all the other teams in the world and doesn’t respect that these guys did the best they could.”
Team USA played with only nine players in their final match against Poland. Kemba Walker missed the game with a neck injury, Jayson Tatum injured his ankle and Marcus Smart hurt his leg. Tatum missed six the eight games in the tournament, Smart missed three.
Paul Mooney found himself in some hot water in late August. Mooney, who worked closely with Richard Pryor, was facing allegations sexually abusing Richard Pryor Jr. It was the comedian’s former bodyguard, Rashon Khan, who brought the news to light during an interview. Khan claimed that Mooney molested Richard Pryor Jr. and that’s why the two comedians had a falling out.
“Paul Mooney ain’t hiding. Paul Mooney is not well,” his son Dwayne asserted. “He doesn’t even know what’s going on right now, with all this Richard Pryor stuff. He don’t need to speak on it. We’re speaking on it. We’re his oldest sons.”
They continued to clarify that he’s been sick and that he didn’t cancel shows because these claims. “My response is ‘Fuck you,'” Daryl added. “Rashon, fuck you. Okay, coming out with some bullshit like that when Paul is ailing, after he’s old. If the shit was hot, you should’ve told that shit years ago. Richard Pryor Jr. ain’t say nothing about it so why you gonna tell somebody’s business?”
Much to the delight Ezekiel Elliott and his camp, the pro-bowl running back was signed to a six-year, $90 million contract extension today that will keep him locked in with the team until 2026. It’s the richest contract a running back has ever received and he also scooped up $50 million in guaranteed money. With Elliott locked up for the future, there is no denying the Dallas Cowboys are in a better position to win then before and fans are mostly excited about the news.
Other fans aren’t so sure about the deal as they feel like it might ruin the franchise’s financial outlook moving forward. Whichever side the equation you’re on, you have to admit that Cowboys did a good job getting this done before Elliott had to miss any games due to a holdout. We’ve seen players like Le’Veon Bell miss entire seasons due to a holdout so for Elliott to get locked up prior to the season, shows tremendous resolve amongst the Cowboys front fice.
Elliott took to Twitter to celebrate the deal and fans were quick to congratulate, disparage, and even make memes about him. Some the reactions are pretty great and you can see the best ones below.
The Undertaker will be back on television in the very near future, as the WWE has announced two separate dates when The Deadman will be making his presence felt
According to WWE, The Phenom will first return to SmackDown Live when the WWE Superstars invade Madison Square Garden on September 10. It remains to be seen what Taker will be doing on the show, but it’s worth noting that event marks the last before the “Clash Of Champions” PPV on Sunday, September 15.
Additionally, Undertaker will be among the many superstars on hand for the 20th anniversary SmackDown reunion, scheduled for the Fox premiere on October 4. That move was always expected, as the WWE will want to boost ratings as much as possible for the first SmackDown on Fox, but his inclusion on the September 10 episode is much more mysterious.
As noted by Dave Meltzer Wrestling Observer Radio, WWE didn’t book Taker for the MSG show just to sell tickets, so it’ll be interesting to see what role he’ll play on the show.
“Another interesting thing is The Undertaker is going to be on the September 10th SmackDown show which to me, I mean the big thing is that they want that big show on October 4th Friday on Fox. It’s like why would you put Undertaker on SmackDown three weeks before this big show because it’s like the second time seeing The Undertaker in three weeks it’s not that big a deal.”
“He’s not on the September 15th pay-per-view Clash Of Champions] card from what I’m told. I mean, obviously with the way WWE goes that could change tomorrow, but he’s not, but he’s booked on both those SmackDown] shows. SmackDown tickets aren’t doing well at MSG, but that’s not the reason he’s booked. So, whatever.”
Disney is poised to disrupt Netflix’s top spot in the streaming world. The House the Mouse is set to debut their streaming service, Disney +, this holiday season. Not only can fans look forward to a ton classic Disney content, new Marvel shows will also be joining the bunch. As if that’s not enough, two new Star Wars based shows have already been announced. Jon Favreau’s The Mandalorian is the first,and now, it appears that the rumored Obi-Wan Kenobi series is coming to life.
According to Deadline, Ewan McGregor is in talks with Disney about reprising his role as the legendary Jedi master known as Obi-Wan Kenobi in a yet-to-be-titled Disney + series. McGregor previously played Kenobi in The Phantom Menace (1999), Attack the Clones (2002) and Revenge the Sith (2005). He also made a voice-only cameo in the Star Wars: The Force Awakens (2015). Original plans to create a stand-alone Kenobi feature film turned into the current plan for a Disney + series, just as the discussion a Boba Fett film gave way to The Mandalorian series. Fans believe more information will be released at Disney’s D23 Expo later this month in Anaheim. Until then, may the force be with you!
Ruby Rose will be the first open lesbian Batwomanto star in the upcoming CW series and it’s a role she wasn’t too sure about committing to at first. However, after chatting with producer Sarah Schechter and showrunner Caroline Dries, Ruby was sold based on their passion and true attention to every aspect the series.
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“I believe there’s some people that won’t find themselves,” Ruby said the series, according to The Hollywood Reporter. “I mean, I think there’s definitely someone for everyone in the show, but if you don’t find yourself in the show, that’s probably because there’s plenty shows you already have out there.”
Ruby detailed further how Batwoman has some characteristics that she can relate to based on her past. “I feel like I was more like her when I was younger — the hesitation trusting people, letting people in, feeling like I could do everything on my own. Not having a big family. Being gay, obviously, but that’s not the biggest part the show,” she added. “But there’s a lot that I definitely experienced throughout my] earlier teens, maybe even early 20s, but that now I don’t share with her but I can see why she feels the way she does.”
Peep the ficial trailer below and catch the premiere Sunday, October 6th on CW.
This past weekend, America suffered a great loss when two separate mass shootings took the lives innocent people in El Paso and Dayton. Twenty-two people were tragically killed in the Texas city while nine were killed in the Ohio city with dozens more injured in both locations. While President Donald Trump has dropped f a few words to the fallen victims, Barack Obama has come through with the statement the families deserve with a lengthy, powerful note on the need to hold “public ficials accountable for changing our gun laws” so such heinous acts never happen again.
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“N]o other nation on Earth comes close to experiencing the frequency mass shootings that we see in the United States,” Obama wrote. “Every time this happens, we’re told that tougher gun laws won’t stop all murders; they won’t stop every deranged individual from getting a weapon and shooting innocent people in public places. But the evidence shows that they can stop some killings. They can save some families from heartbreak.
Obama continued by calling on law enforcement to do something about white supremacy groups and a need for ficials to “come up with better strategies to reduce the influence these hate groups.”
“We should roundly reject language coming out the mouths any our leaders that feeds a climate fear and hatred or normalizes racist sentiments,” he wrote, detailing how Americans should reject “leaders who don’t look like us, or suggest that other people, including immigrants, threaten our way life, or refer to other people as sub-human, or imply that America belongs to just one certain type people.”
Ekaterina Karaglanova, a Russian Instagram influencer with over 90,000 followers, has been found dead. Concern was initially raised from her parents after she was unresponsive to their attempts to reach out for days. They entered her apartment to find their twenty-five-year-old daughter dead. Her body was found stuffed inside a suitcase with her throat slit on July 26th.
Days later, Maxim Gareyev admitted to stabbing her at least five times. In a video released to Youtube by Russian authorities, he also alleged there to be a sexual history between them. “She constantly would insult me, belittled my sexual dignity and lowered my financial capabilities. And I couldn’t take it anymore,” Gareyev told investigators. In court Thursday, Gareyev has claimed to be feeling remorse saying, “I am ashamed myself.” According to The Daily Beast, Gareyev is currently being charged with murder.
Karaglanova was a dermatology student at a medical school in Moscow. An avid traveler, she used her Instagram as a travel blog, documenting the places she would travel around the world and sharing her experiences with her followers. Karaglanova’s last post was uploaded on July 22nd and shows her in front a pool in Greece. The post has received thousands likes and comments from mournful followers. Rest in peace.
Netflix truly cares about its clients and as such it has recently established a clause for couples to undergo prior to beginning any new television show together. Some you may have experienced the grueling betrayal which occurs when you find out that your significant other has continued watching a show without you. Or perhaps you have specific requirements with regards to your binge-watching habits that you feel necessary to share with your SO prior to even starting. Well now, you may no longer experience such a disappointment or issues–thanks to Netflix. According to Bossip, the streaming platform has introduced a “co-watching contract which obliges both parties to sign (with Netflix as a witness) onto a mutual agreement that sets out rules for binge-watching. Five rules are listed herein and include no falling asleep or getting distracting by phones, no continuing to watch a show without the other person present, no talking during shows and no spoilers.
These rules are evidently serious and may truly be essential to couples (or even friends) looking to commence a binge-watching journey together. The sentiment is nice and we appreciate Netflix for taking the time to cater their services for its users. Nice one, Netflix.
Super director and show creator Lena Waithe continues to widen her empire through her involvement in a series new television shows and production deals all around. Most importantly, the creator The Chi shared she would be working with BET Networks to formulate a new television series entitled Twenties. The executive producer will helm the half-hour comedy which is set to explore the lives friends in their twenties as they attempt to navigate the world adulting and all it entails (work, love, and life.) The show has already snagged some interesting choices for casting which include Christina Elmore, Sophina Brown and most recently, Big Sean.
Waithe spoke with Variety on the casting choice and specifically on how she got Big Sean to be apart the project. The series will be Big Sean’s acting debut and he is set to star as Tristan. Apparently, Lena Waithe reached out to Big Sean for the role after he shouted her name during a concert. With regards to the situation, Sean spoke positively on Waithe: “She’s amazing for giving me my first chance to act and not playing myself, but actually playing a character. It’s something I take seriously.”
Power is one the best shows on television. The hit drama series put Starz on the map, and also solidified 50 Cent as a producer and actor. The final season Power is just around the corner, but it looks like fans will have to wait a little while longer for the epic conclusion Ghost’s story. According to Complex, the final season Power will be split. During the Television Critics Association Summer 2019 Press Tour, Starz’s president programming Carmi Zlotnik announced that the last season the series will air in two parts. Season 6’s first 10 episodes will premiere on August 25, while the final five episodes will come in January 2020.
50 Cent and Courtney A. Kemp also revealed their plans to expand the Power universe. There are several prequel and sequel series on their plates right now, with Power Book II: Ghost looking like the first expansion series to go into production. Power Book II: Ghost will feature Mary J. Blige in a starring role. Blige was impressive in Netflix’s Umbrella Academy and her performance in Mudbone earned her two Oscar nominations for Best Original Song and Best Supporting Actress. Are you excited to see the legendary entertainer join the Power universe?
Lil Nas X’s “Old Town Road” has been sitting pretty at number one on the Billboard charts for 16 weeks now. The only other songs to have sat this long at number one are Luis Fonsi and Daddy Yankee’s “Despacito” featuring Justin Bieber and Mariah Carey and Boyz II Men’s “One Sweet Day.” If Lil Nas’ song stays at the coveted spot for just one more week, it will become the only song to sit at the number one spot for that long.
Of course, Lil Nas would love to hold this historical title so the 20-year-old is doing all he can to keep the track on the streaming charts. Lil Nas hit up a Red Lobster recently and called on the restaurant to stream his hit. “Just forced everybody at red lobsters to stream old town road,” he tweeted.
In another tweet that shows a SpongeBob reference, Lil Nas alluded that he really is doing what he can to keep his name at number one until next week.
“This is only the beginning. And you know people won’t realize that until they realize it,” Lil Nas X previously stated the song. “I knew for a fact that this song would take me to another level but … I can’t say I knew that it was going to be worldwide or nationwide.”