Nielsen Responds To Bubba The Love Sponge's Motion To Dismiss Lawsuit
January 11, 2016 at 6:17 AM (PT)
NIELSEN AUDIO, INC. has filed its opposition to BUBBA THE LOVE SPONGE CLEM and BUBBA RADIO NETWORK's motion to dismiss its lawsuit against him for ratings tampering. CLEM's motion claimed lack of jurisdiction or failure to state a claim upon which relief can be granted.
In the opposition, NIELSEN calls the motion "largely a rehash" of an earlier motion to dismiss, depending on "pages upon pages arguing points that are completely irrelevant." NIELSEN contends that CLEM's contention that the case involves a "brief set of contacts initiated by a lone fan" is untrue and that the case actually involves "no less than five NIELSEN panelists" whom CLEM "directed ... to distort their listening data reported to NIELSEN to inflate his ratings."
After noting that its suit includes dates and times of contacts, quotes from CLEM's contacts with the panelists, names of conspirators, and details of at least one payment, NIELSEN concludes that CLEM's "contention that this level of detail is inadequate to state a claim for relief is simply preposterous." And on the jurisdiction issue, NIELSEN offers details of its justification for asking for over $75,000 in damages, including the costs of finding and removing the tainted data and lost license fees from delisting, and contends that it did not need to have a direct contractual relationship with CLEM to have a case against him, saying that his intentional communication with its panelists that led to damages is sufficient for a claim.