Nielsen Amends Lawsuit Against Bubba The Love Sponge Clem, Adding Tampering Details
December 1, 2015 at 3:50 AM (PT)
When we last heard about the ongoing NIELSEN vs. BUBBA THE LOVE SPONGE CLEM saga, THE TODD FOSTER LAW GROUP, the lawyers representing BTLS, had filed a motion to dismiss a lawsuit filed by NIELSEN AUDIO in federal court. NIELSEN AUDIO had filed a lawsuit in federal court alleging that BTLS violated FLORIDA's Deceptive and Unfair Trade Practices Act (NET NEWS 10/16).
The FRIDAY (11/13) court filing said, "NIELSEN's complaint bites off more than it can chew," adding that NIELSEN tried to "rewrite an isolated instance of poor judgment ... into a noisy tale of pervasive fraud that has damaged an entire industry. Not so."
Now, NIELSEN AUDIO has filed an amended complaint in its $1 million lawsuit against BUBBA and his Network, "restating its case and adding more details to alleged ratings tampering," reports THE TAMPA BAY BUSINESS JOURNAL. "The new complaint, filed the day after THANKSGIVING, provides pages of correspondence alleged to be between CLEM and five PORTABLE PEOPLE METER (PPM) panelists. The original lawsuit included details about one corresponding panelist."
The JOURNAL printed these excerpts from the amended complaint filing:
- On AUGUST 1st, 2015 at 3:04p, BUBBA CLEM directed the Cooperating Panelist and his wife to listen heavily to iHEARTRADIO stations '93.3, 95.7, 97.9, 100.7, 103.5' and added “And some 98.7 too.” Also, BUBBA CLEM gave clear instruction that they should never listen to 102.5 and 94.1, competing radio stations that, upon information and belief, broadcast the programs of BUBBA CLEM’s main rivals.
- On SEPTEMBER 13th, 2015, beginning at 3:22p BUBBA CLEM texted, 'Buddy.Horrible week...” “2.75” “We got killed.” BUBBA CLEM then asked, “Did u miss a weekday last week.” The Cooperating Panelist explained that he had not been able to tune to BUBBA CLEM’s program for a short time because of a family emergency, to which BUBBA CLEM responded, “Two days of u missing. Kills us boss. Buddy it’s ok. Just can’t miss days. Cause it kills us. I know it sucks.”
- BUBBA CLEM: “When do u get them. How many u getting” Panelist No. 3: “It says in the letter a few days and I should get 4” BUBBA CLEM: “Ok. We have to talk” Panelist No. 3: “I got ya cuzzie. Do you want me to wait till I get the diaries?” BUBBA CLEM: “[Direct message] me as soon as u get them” “You cannot call the show to discuss this” “[Direct message] me ur cell I’ll call u later”
In the new complaint, NIELSEN claims it has "incurred significant out-of-pocket costs and expenses as a direct result of defendants' acts."
"For each month a subscribing station or group of stations is de-listed, that subscribing station or group does not pay NIELSEN AUDIO license fees since they are not included in the survey and do not receive the full benefit of the report," the complaint wrote.