Would this not be enough to get the action certified?

We never got to that stage as both sides decided to resolve the action. However, there were a number of difficulties in getting the action certified. For one thing, there were a lot of individual issues in regard to the specific dealerships and their interaction with customers and their own privacy policies. The manufacturer also had a privacy policy which differed from manufacturer to manufacturer and often disclosed that customer information was going to be shared for the purposes of satellite radio, some specifying Sirius XM. In addition, the defendant itself has a privacy policy which, while not showing to customers at the point of sale (at dealerships) of the vehicle, does indicate that Sirius XM may acquire information from dealerships. Lastly, there was the possibility that Sirius XM may argue that the very fact of having the hardware in the car provided implicit consent to Sirius XM to offer the free trial and gather necessary information for business purposes.