Bubba The Love Sponge Files Answer To Nielsen Lawsuit
March 8, 2016 at 4:01 AM (PT)
BUBBA THE LOVE SPONGE's answer to NIELSEN AUDIO, INC.'s lawsuit against him for allegedly tampering with its PPM ratings panel denies that BUBBA had any "improper purpose" and admits only that BUBBA "provided simple instructions" to a panelist who "was a pre-existing friend and fan" of the TAMPA-based radio host "to ensure that the Cooperating Panelist's listening data would be included" in NIELSEN's process.
BUBBA, being sued for contact with PPM panelists that NIELSEN asserts tainted the TAMPA ratings for flagship BEASLEY Rock WBRN, admits texting the panelist but denies "any plot to distort ratings" or knowing that the actions were prohibited. Admitting that BUBBA communicated with the panelist via texts and calls, the answer repeatedly asserts lack of knowledge of the content of the communications.
In the answer, BUBBA's attorneys add the comment that if any other NIELSEN subscribers have complained or voiced concern, NIELSEN "has demonstrated no concern for whether any such subscriber has acted for reasons related far more to its desire to eliminate competition from the Defendants, rather than for reasons relating to any alleged unreliability of ratings or harm to the radio industry."
Among BUBBA's affirmative defenses is the claim that NIELSEN is an "admitted monopolist in the field of radio audience surveys and ratings" and restrains trade "by quashing Defendants' efforts to establish and support their own ratings." Also included as an affirmative defense is the claim that NIELSEN "ignored similar ratings misconduct by a rival of the Defendants" and failed to rule out that the rival "instigated" the panelists' interactions with BUBBA.