Plaintiff, Plaintiff, Nielsen Audio, Inc. ("Nielsen Audio"), by and

Transcription

Case 8:15-cv-02435-JDW-EAJ
Document 1
Filed 10/15/15
Page
1 of 21
PagelD
1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
NIELSEN
AUDIO, INC.,
Plaintiff,
Civil Action No:
v.
BUBBA CLEM a/k/a BUBBA THE LOVE
SPONGE and BUBBA RADIO
NETWORK, INC.,
Defendants.
COMPLAINT
(Injunctive ReliefSouAritt)
Plaintiff, Nielsen Audio, Inc. ("Nielsen Audio"), by and through its undersigned
attorneys, hereby files its Complaint against Defendants, Bubba Clem and Bubba Radio
Network, Inc., and in support thereof states
as
follows:
NATURE OF THE ACTION
1.
This is
an
action for fraud, violation of Florida's
Deceptive
Practices Act, tortious interference with contractual and business relations and
Nielsen Audio is
2.
measurement and has been
from the Defendants'
rankings
for the
so
for
one
more
purposeful
FTL_ACTIVE 4647860.4
panel to
leading
conspiracy.
firms in the field of audience
than 50 years. Nielsen Audio's claims in this action arise
efforts to
Tampa-St. Petersburg
the Nielsen Audio survey
of the nation's
and Unfair Trade
manipulate
radio market
by,
the radio audience estimates and station
among other
things, paying
distort the radio audience estimates in their favor.
members of
Document 1
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2
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THE PARTIES
Nielsen Audio is
3.
Delaware
a
with its
corporation
located at 9705 Patuxent Woods Drive, Columbia,
Maryland,
principal place
21046.
Nielsen Audio is
authorized to and does transact business in the State of Florida. Nielsen Audio
Arbitron Inc.
prior to September 30,
Todd Allen Clem
and,
upon information and
information and belief, Bubba Clem is
Bubba Clem is
a
radio
including in Tampa,
Florida
on
existing under the
West Nassau
"Bubba
belief, legally changed his
citizen of the State of Florida
who appears
regularly
laws of the State of Florida with its
on a
Clem")
name
to
Sponge"
as
born
Upon
residing in St. Petersburg.
nationally syndicated
is
("BRN")
a
principal place
radio show and
its 2015 Florida Profit
the sole officer and director of BRN.
Bubba Clem.
was
in 1999.
radio show
corporation organized
syndicates
Corporation
the show
Annual
Upon information and belief, BRN
Bubba Clem and BRN
are
hereinafter
and
of business located at 5021
owns
and
throughout
the
Street, Tampa, Florida 33607. Upon information and belief, the BRN
According
known
WBRN Bubba 98.7 and in other markets in this District.
the "Bubba the Love
United States.
by
a
Sponge (hereinafter
Defendant Bubba Radio Network, Inc.
5.
produces
personality
was
2013.
Bubba Clem a/k/a Bubba the Love
4.
of business
Report, Bubba Clem
is
is owned and controlled
collectively
referred to
as
the
"Defendants".
JURISDICTION AND VENUE
6.
This Court has
1332 in that this is
exceeds
an
subject
matter
jurisdiction
this
case
pursuant
to 28 U.S.C.
action between citizens of different states and the amount in controversy
$75, 000.
FTLACTIVE 4647860.4
over
2
Filed 10/15/15
Page
Venue is proper in this District pursuant to 28 U.S.C.
1391
Document 1
7.
grounds
that:
Defendants
(i)
reside and/or maintain
place
a
subject
are
place in this
personal jurisdiction
of business in this District;
solicit business in this District; and
took
to
(iv) substantially
3 of 21
in this District;
(iii)
giving
(ii)
(c)
on
the
Defendants
regularly
Defendants
all of the events
and
(b)
3
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do and
rise to this action
District.
FACTS COMMON TO ALL CLAIMS
The Integrity of the Nielsen Audio Audience Estimates is
Tremendous Importance to the Radio Industry
Nielsen Audio is
8.
media
an
international media and
industry, advertising agencies
measuring local
market radio audiences
For
9.
more
research firm
serving
the
Nielsen Audio's business includes
and advertisers.
across
marketing
of
the United States.
than 50 years, Nielsen Audio and its
predecessor
Arbitron has been
a
leader in its field and is well-known for its radio audience estimates. Nielsen Audio collects
radio audience
PPM®
listening
("PPM"),
an
data
by
various
means
station
the
its Portable
People
Meter
or
electronic device that detects codes embedded within broadcasts from which
Nielsen Audio formulates its detailed estimates
throughout
including through
day. Using
rankings which
it
as
to what
a
participating panelist
this information, Nielsen Audio
publishes
in
periodic reports
produces audience
and creates databases
is
listening
to
estimates and
comprising
these
estimates, reports and other works.
10.
Nielsen Audio's audience estimates, reports and databases
authorship and proprietary
written agreements.
works which
throughout
FTLACTIVE 4647860.4
original works
processors and sales
the United States,
of
licensed to subscribers pursuant to the terms of
Nielsen Audio's subscribers include broadcasters, advertisers,
agencies, consultants, third-party
radio markets
are
are
including
3
representatives
the
in the radio
advertising
industry
in
Florida radio
market.
These audience estimates
purposes
including:
decisions;
are
prices
set
acquire
personalities
also used
are
by
a
advertisers and
to
by
Page
radio broadcasters for
syndicated program;
on
4 of 21
a
on
and
remove
of
variety
how much to pay for
their broadcasts; to make
put
4
PagelD
programming
from the
air; and
to
Nielsen Audio's audience estimates and station
determine how much to pay on-air talent.
rankings
used
advertising time
for
determine which radio
to
widely
to determine whether to
syndicated programs; to
Filed 10/15/15
Document 1
advertising agencies
to
and
plan advertising budgets
make decisions about where and when to advertise.
In the top radio
11.
information
using its proprietary
device that is
portable
embedded in
program
markets, including Tampa-St. Petersburg, Nielsen Audio obtains
a
worn or
broadcast
being listened
electronic measurement device, the PPM. The PPM is
carried
within
or
an
to and creates
a
the survey
by
log
can
identify
individual survey
participant was exposed throughout the day.
motion
detect when the device is
sensor
when it is
into
an
to
stationary.
After
being
worn or
Nielsen Audio
12.
carried
by
the survey
no
particular
radio market to be
panelists
who agree to
trained how to
use
randomly
demographically representative
participate
signals
in the survey
are
for their time and effort.
4
a
built in
and
participant
goes
when the survey
signals.
in
selects the PPM
panelists
of the
in that market.
provided
population
a
with PPM devices, and
are
The
are
the PPM and transmit the data to Nielsen Audio.
compensated by Nielsen Audio
FTLACTIVE 4647860.4
and
detected. The
motion, the device
otherwise present to hear the broadcast
scientifically
are
The PPM devices have
inactive mode to minimize the chance of detection of audio
or
radio station and the
the broadcasts to which the
pre-determined period in which there is
a
participant is not carrying the PPM
The
identify the
of instances in which those codes
information is then transmitted to Nielsen Audio which
small,
It detects inaudible codes
participant.
audio stream which
a
panelists
Nielsen Audio
13.
to ensure that
these
best
the
ensure
reflects the
panelists comply
is the
procedures
keeps
panelists'
the
identity
with its
panelist's listening
that the data
incorporated
actual
of the
panelists
procedures. Only
Page
5 of 21
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confidential and takes
when
a
measures
with
panelist complies
data included in the audience estimates.
5
This is to
into the audience estimates is untainted and unbiased and
listening
These
habits.
Nielsen Audio and to its subscribers who
rely
on
Nielsen Audio also goes to great
14.
Filed 10/15/15
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the
safeguards
integrity
lengths
estimates with respect to the actions of its subscribers.
to
of utmost
are
to
importance
of the process.
maintain the
integrity
of its audience
All of Nielsen Audio's station license
agreements contain language expressly forbidding subscribers, including their agents, staff, and
other
employees
its survey
or
participants, contacting those
distort the results of the survey. The
with the
impartiality
estimates for
15.
ratings,
a
To further
detailed
ensure
penalties
for
or
a
being
committing
any act that could influence
or
station found to have interfered
subscribing
de-listed
(i.e.
excluded from the audience
that broadcasters avoid any acts that could
publishes
guidelines
credibility and impartiality
16.
of
to discover the
period of time).
Nielsen Audio
provides
individuals
of the survey include
identity
talent, from attempting
contractors such as on-air
and
a
"PPM
Ratings
procedures
Distortion &
Ratings
possibly distort the
Bias Handbook" that
for broadcasters to follow to
help maintain
of its audience estimates,
Broadcasters and on-air radio
personalities
are aware
gain
that there is
a
temptation
competitive advantage
influence the audience estimates and station
rankings
radio market. It is standard
for broadcasters to train their on-air talent
as
programming
Audio
and sales
panelists or to
FTLACTIVE 4647860.4
the
industry practice
employees
in the
to
importance
of
a
avoiding
otherwise act in any way that could bias the
5
to
in the
as
well
all contact with Nielsen
ratings results.
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6
Beasley Broadcast Group Carries Bubba Clem's Program in Tampa
Non-party Beasley Broadcast Group,
17.
approximately
in the
53 radio stations in 12 markets
Inc.
throughout
("Beasley")
owns
the United States.
and operates
Beasley's
stations
Tampa, Florida market include WYUU-FM; WRBQ-FM; WQYK-FM; WLLD-FM;
WBRN-FM; and WHFS-AM.
18.
Beasley
broadcasts the "Bubba the Love
WBRN-FM 98.7 pursuant to the terms of
Beasley changed
the call letters of its
radio program
Sponge"
contract with the BRN.
a
Tampa station
In
on
station
fact, in February, 2015,
to WBRN-FM to
incorporate
the
name
Bubba Radio Network into its brand.
19.
a
Beasley
subscribes to Nielsen Audio's PPM radio audience estimates pursuant to
Radio Station License
Estimates dated
20.
Agreement
September 24,
2013
License
Beasley's
to Receive and Use
(the
"License
Agreement
influence the Nielsen Audio survey results
employees
and agents from
contacting
any survey
influence
or
attempting
participant
Bubba Clem is
Petersburg radio market.
for broadcast
streaming
FTL_ACTIVE
with Nielsen Audio
prohibits
attempt
any
to
to learn the
and from
engaging
identity
of any survey
participant,
in any other act that has the
from
potential
to
distort the results of the survey.
21.
via
Agreement").
whatsoever, expressly forbidding the subscriber, its
Bubba Clem Engaged in
syndicated
PPM Data and
[Nielsen Audio]
audio.
4647860.4
a
a
Scheme to Distort the Ratings
well-known and controversial radio
Bubba Clem's program is
on numerous
In
stations
in the
Tampa-St.
produced in his own facility in Tampa and
throughout the
is
United States and is also available
Florida, Bubba Clem's show is carried
6
personality
on
WBRN-FM in
Tampa;
WRXK-FM in Fort
Myers,
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Page
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7
Beach-Destin; WTRS-FM in Ocala;
WZLB-FM in Fort Walton
WBGF-FM in West Palm Beach; and WSJZ-FM in Melbourne.
Bubba Clem has been
22.
a
radio broadcaster for
information and belief, Bubba Clem is well
to
the
can
of any radio program,
success
command
rates and
higher
of the
aware
more
importance
30 years.
of the Nielsen Audio
that programs and stations with
specifically,
generate
approximately
advertising
revenue
than
competing
Upon
ratings
high ratings
stations with
lower rated programs.
Bubba Clem is also well
23.
that the
integrity of the Nielsen Audio ratings
broadcaster
importance in the radio industry
and that
no
anything that could affect the ratings
or cause
bias in any way.
utmost
do
aware
Upon information
24.
from Jason Fuller
one
("Fuller"),
a
and belief,
the
devices
Fuller
were
was a
mutual
to the
acquaintance
Bubba Clem learned
in its survey of panelists
in the
market and that 4 PPM
members of the
to
Cooperating Panelist's household. Since
of Bubba Clem and the
Bubba Clem's initial contact with the
help
July 29, 2015,
personality should
participate
by Nielsen Audio
"Cooperating Panelist")
being delivered
about
other radio
strong supporter of Bubba Clem's show, that the household of
of his listeners had been selected
(hereinafter,
on or
or
is of
Cooperating Panelist,
Cooperating Panelist to
recruit the
Fuller facilitated
Bubba Clem manipulate the Nielsen Audio audience estimates.
In
25.
messages sent
Panelist to
a
series of
throughout July and August, 2015,
manipulate
Nielsen Audio
in-person meetings, phone conversations
ratings
the PPM
7
numerous
Bubba Clem offered to pay the
of his household's
for Bubba Clem's program
about what he wanted the
monitoring
and
artificially
do.
and
text
Cooperating
listening
habits to inflate the
provided
detailed instructions
Document 1
Bubba Clem met with the
26.
$300 per month
once
Panelist's
Cooperating
Bubba Clem
help.
Filed 10/15/15
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8 of 21
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8
Cooperating Panelist, telling him that he would be paid
saw
He later sent
an
a
in his
improvement
ratings resulting
promising
text message
bonus money, up to $400 per month more, if target results
were
the
from the
Cooperating
Panelist
achieved. Bubba Clem in fact
paid the Cooperating Panelist a portion of the monies he promised to pay.
Demonstrating his
27.
that all concerned
were
at
great risk,
texts from his cell
multiple
WORD... This could ruin
apparent reference
to the
awareness
on
plot to
July 31, 2015,
phone stating
me.
that his
in part:
B... THANK U.
Cooperating
distort the
ratings was prohibited and
Bubba Clem sent the
Cooperating
Panelist
"U have to PROMISE NOT TO SAY A
this will kill the bad
again
guys."
Panelist's PPM devices, Bubba Clem texted: "We
In
an
are so
lucky to have those."
Bubba Clem also
28.
provided detailed instructions
what other stations he should tune to from time to time
the
on
same
31 and
July
station
not increase the
time,
ratings
August 1, 2015,
Bubba Clem instructed the
NOT LISTEN TO. EVER 102.5..
was
Cooperating
to avoid
of competing programs. In
which Bubba Clem's program
on
so as
to the
a
creating suspicion but,
"Here
Upon information and belief,
at
series of text messages sent
Cooperating
aired, and told him
Panelist about
Panelist to listen to the
are
the stations you CAN
102.5 FM broadcasts
one
of
Bubba Clem's main rivals.
Bubba Clem boasted to the
29.
knowledge
motion
of the PPM device which included
sensing technology.
could make it appear that he
Panelist
was
FTL_ACTIVE
Cooperating
not
carrying the
4647860.4
He described that
was
listening
Panelist that he had detailed
knowledge
of how to circumvent the PPM's
by using certain
tricks the
to Bubba Clem's show
PPM device.
8
working
even
Cooperating
when the
Panelist
Cooperating
manipulating
the PPM device
"Again, please take
stated:
want to loose
(sic) them.
On
31.
Clem
warned the
Bubba Clem
30.
urged
down. It's
offered to
the
so
or
it
avoid
seriously.
lazy
so we
Panelist to try harder
up Please
buddy.
stating,
Please. I'm
radios and other devices and have them
Panelist to aid him in his
his
have them
of the PPM
manipulation
own
about
"Got
ratings.
PagelD
9
caution while
Audio. In text messages, he
suspicion by Nielsen
And don't get
9 of 21
Panelist to exercise
August 9, 2015, apparently upset
about
important you get
using
to
Cooperating
Page
SO PLEASE pay attention. U know I'll take
Cooperating
purchase
those items
so as
Filed 10/15/15
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care
drop
a
raw
a
of u..
in
listenership,
numbers
paying
Bubba
We went
today.
u!!!" Bubba Clem then
to the
shipped directly
Cooperating
Bubba Clem did in fact
online Amazon account and had them
Don't
long time.
shipped
to the
purchase
Cooperating
Panelist's home to further his scheme.
32.
including
At all times relevant to these events, Bubba Clem
Bubba Clem that he
messages
On
at least Fuller.
saying:
was
or
we
August 7, 2015,
feeling pressured by
"I've told
me.
the
aided and abetted
Cooperating
Fuller. Bubba Clem
Panelist
in
responded
by
others
complained
a
to
series of text
relax. I agree. Too much drama. We have another way
buddy to
u
to beat them. Don't be mad at
And
about
was
I've tried not to be
pushy....
We all want the
common
thing.
just all get all keyed up."
33.
multiple
Upon information and belief, Bubba Clem's activities
Nielsen Audio
panelists have,
Bubba Clem's solicitations. In
referring to Nielsen Audio
who had
just
text
they
successful in that
fact, falsified their actual listening in response
Bubba Clem sent to the
took it from him
9
Friday.
to
Cooperating Panelist, apparently
and the PPM devices, he stated: "I need
1 of them. And
FTLACTIVE 4647860.4
one
in
were
u more
than
ever.
I had
a
guy
Cause he wasn't smart about it...
Now it's gone.
lazy.
And he didn't switch it up.
34.
The substance of Bubba Clem's
He got
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Page
So I need your 4
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more
than
10
ever
buddy."
accurate: Nielsen's internal
preceding message
procedures uncovered
market—other than
Nielsen
on
the date referred to
data received from
Cooperating
removed from the survey results, and that PPM
Panelist—that
panelist's
device
Cooperating Panelist is
a
PPM
panelist
appeared suspect
was
in the
and
was
taken away from him
by
by Bubba Clem in the message.
Nielsen believes that additional PPM
35.
to the
panelists
in other markets may have been
part of Bubba Clem's ratings distortion scheme and has taken
to
measures
flag
and
remove
suspect listening data from its survey.
Bubba Clem's Scheme is Exposed and he Admits Wrongdoing
36.
In
or
Bubba Clem, the
about
mid-August, 2015,
Cooperating
Panelist and Fuller, the
Clem's scheme to Nielsen Audio which
37.
Nielsen Audio
Panelist's PPM device and
after weeks of discussions and texts between
was
remove
Cooperating
Panelist disclosed Bubba
promptly commenced an investigation.
able to detect the tainted data received from the
Cooperating
it from the data which otherwise would have been included in
its audience estimates.
38.
panelists
Audio's
The
mere
possibility that tainted listening data was
submitted to Nielsen Audio
and could have found its way into the audience estimates
reputation as
doubt about the
well
integrity
as
the value of the audience estimates and station
of the Nielsen Audio
ratings
and
requires Nielsen
subscribers that it discovered and removed all of the affected data.
FTLACTIVE 4647860.4
seriously
10
by
harms Nielsen
rankings
Audio to
as
it raises
reassure
its
39.
On
about
or
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September 21, 2015,
Page
11 of 21
Nielsen Audio confronted
Beasley
the evidence referenced herein of Bubba Clem's attempts to distort the
responded (i) by suspending
Bubba Clem's live show
its other stations, and
(ii) by issuing
on
October 5, 2015,
Bubba Clem's actions and
sessions to address Nielsen Audio
on-air talent such
as
ratings
distortion and bias
promising
policies
to
Bubba Clem's live broadcast
October 6, 2015, Bubba Clem
was
back
on
on
the air
WBRN-FM for
a
as
to
on
implement training
employees
Exhibit A.
total of 8
and
Beasley
days.
Beasley stations
all of the
on
Beasley
press release
to all of its
Bubba Clem. A copy of that press release is annexed
ultimately suspended
ratings.
a
11
with all of
WBRN-FM, although it continued
on
air Bubba Clem's broadcasts
condemning
PagelD
As of
that air his
program.
40.
having
On October
had contact with
listening activities.
In
a
6, 2015, Bubba Clem held
Nielsen Audio PPM
pertinent part,
press conference in which he admitted
a
panelist
Bubba Clem stated
and
as
trying
to influence that
panelist's
follows:
address some recent allegations that have been levied
against me... As you may have heard, I was contacted directly by a ratings
panelist in the PPM measurement ratings deal, and I was accused of attempting to
influence the listening actives of a particular panelist. And it's with deep regret
and embarrassment that I face you directly and say that they're true.
There's no excuses, the buck stops with me and I cannot tell you how humbled
and how embarrassed I am. Even though Nielsen has confirmed that not in any
way shape or form did my actions affect the ratings, it still is not acceptable and I
I would like to
personally
take full responsibilities for what happened and subsequently the consequences
that probably are here forward... There's no excuses, there's nobody to blame, I
am the person to blame and I'll accept whatever happens moving forward...
A video of Bubba Clem's statement to the press is located at
https://www.youtube.com/watch?v=ikQ3PgyPTEQ.
41.
To avoid
even
the appearance of doubt
as
to the
integrity
of its
ratings
and to
eliminate any conceivable bias in favor of WBRN-FM due to Bubba Clem's actions, Nielsen
Audio de-listed
Beasley's
FTLACTIVE 4647860.4
station WBRN-FM from its
11
September 2015 reports.
42.
to
one
radio
Notwithstanding
egregious example
industry. Based
concern
about the
of panel
Filed 10/15/15
developments, including
tampering,
The
viability
12 of 21
Bubba Clem's
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12
public admission
has the entire
as
actions, Nielsen Audio's subscribers have expressed
possibility
integrity of Nielsen Audio's
and to the
Page
Nielsen Audio has been harmed
of the survey and the
integrity
industry
these
upon Bubba Clem's
activity by Bubba Clem.
to the radio
Document 1
of additional
ratings
distortion
audience estimates, which is essential
of Nielsen Audio's business, has been called into
question.
Nielsen Audio's
43.
has been
reputation and the reputation
damaged irreparably
tool in the
industry
possibility
exists for Bubba Clem and those
panelists
and
PPM data to his
manipulate the
of its
ratings reports
and continues to be
working
in
conjunction
as an
damaged
as
unbiased
long
as
the
with him to contact PPM
advantage.
COUNT I
Fraud
Clem
and BRN)
(Bubba
Nielsen Audio repeats the
44.
through 43
45.
above
as
if fully
This is
general factual allegations
contained in
paragraphs
1
set, forth at length herein.
a cause
of action
seeking
money
damages against Bubba
Clem and BRN
for fraud.
Bubba Clem,
46.
contacted
help
acting
multiple Nielsen Audio
on
his
own
PPM survey
panelists
him tamper with the PPM survey results and
Nielsen Audio.
behalf and
12
on
behalf of BRN,
for the purpose of
provide
false and
knowingly
recruiting
them to
misleading information
to
Document 1
ways that would
FM and
spent listening
to his
provided panelists with equipment to manipulate the
The false and
48.
Nielsen Audio
was
based
provided by
on
were
acting
readings
data recorded
misleading
by multiple panelists
and BRN and who
data
overstate the time
falsely
as
who
were
Page
how to
paid and instructed multiple panelists
Bubba Clem
47.
Filed 10/15/15
own
13 of 21
use
PagelD
the PPM devices in
BRN program
on
WBRN-
PPM devices.
by these
PPM devices
was
transmitted to
under the dominion and control of Bubba Clem
their agents and instrumentalities. This false and
from PPM devices that
Bubba Clem to his agents and
13
were
manipulated according
co-conspirators, including
misleading
to instructions
but not limited to the
Cooperating Panelist.
49.
Bubba Clem, BRN and the
false information to be
overstate
incorporated
Bubba Clem's audience.
would be relied upon
by
panelists
recruited
by
Bubba Clem intended for this
into Nielsen Audio's audience estimates to
They
artificially
also understood and intended that this false information
Nielsen Audio,
Beasley
and the radio advertisers and
advertising
agencies in the affected radio markets.
50.
Nielsen Audio relied
After
audience estimates.
cost
on
that falsified data in
discovering irregularities
in the
reaching
its initial
September
2015
data, and after incurring substantial
and expense, Nielsen Audio removed the fraudulent data from its internal calculation of
listening estimates
51.
As
and
a
co-
investigate
the
of ratings
Audio
was
tampering,
from its internal calculation of
forced to
detect and
expend time,
analyze the
listening estimates,
include the falsified data.
fraud.
result of Bubba Clem's fraudulent actions and those of his agents and
conspirators, Nielsen
allegations
generated new estimates that were unaffected by the Defendants'
13
effort and money to
falsified
listening data,
and generate
new
remove
that data
estimates that did not
Nielsen Audio incurred additional harm to its
52.
reassure
Filed 10/15/15
Document 1
Page
14 of 21
reputation and expense
falsified data
was
in
having
stopped, that
its subscribers that Bubba Clem's scheme had been discovered and
14
PagelD
removed, and that the September 2015 ratings the subscribers received
to
the
were
unaffected.
53.
than
By
reason
of the
foregoing,
was
damaged
were
of such
Nielsen Audio
in
amount not less
an
$1, 000,000, the exact amount to be determined at trial.
The actions of Bubba Clem and of BRN
54.
malicious nature that Nielsen Audio is entitled to
the Defendants and others
amount of such
similarly
situated from
money
award of punitive
engaging
damages against
Tortious
through 43
respectfully
demands
Bubba Clem and BRN in
56.
in order to deter
damages
an
judgment
Interference
if fully set forth at
This is
a cause
for compensatory and
amount to be decided at trial and
appropriate.
COUNT H
with Business and Contractual Relations With
(Bubba Clem and BRN)
as
wanton and
in such conduct in the future, the
for any and all such further relief as this court deems necessary and
55.
willful,
punitive damages to be determined at trial.
Wherefore Nielsen Audio
punitive
an
a
general
factual
allegations
Beasley
contained in
paragraphs
1
length herein.
of action
seeking
money
for their tortious interference with Nielsen Audio's contractual and business
Clem and BRN
relationships
with
Beasley.
57.
Nielsen Audio and
Beasley
are
parties to
a
series of agreements pursuant to which
Nielsen Audio licenses its audience measurement reports and
Beasley's
radio stations
provides
related services for
throughout the United States, including WBRN-FM,
14
one
of its stations
in the
Filed 10/15/15
Document 1
Page
Bubba Clem and BRN
Tampa-St. Petersburg Florida radio market.
15 of 21
are
PagelD
parties to
not
15
those
agreements.
Nielsen Audio and
58.
Defendants
relationship.
Nielsen Audio and
In
59.
Beasley
were
Beasley
longstanding
business and contractual
relationship
of the business and contractual
aware
at all times relevant to this
particular,
between
program is carried. Bubba Clem
as
action, Bubba Clem
aware
was
that
subscriber to Nielsen Audio's PPM audience estimates and that these
a
services include information about the
such
a
Beasley.
is and has been
personalities
have had
was
performance
also
aware
of radio station WBRN-FM
that Nielsen Audio's
him, and others affiliated with the subscribers
on
which his
subscribers, on-air radio
are
forbidden from
strictly
attempting to identify, contacting or in any way influencing Nielsen Audio panelists.
60.
Despite
this
knowledge,
behalf of BRN, communicated with
and
systematic basis, directly
influencing
the
panelists' listening
Clem's share of the radio
As
61.
contractual
through
a
Bubba Clem
Nielsen Audio
multiple
others
working
habits and
intentionally,
on
his
panelists
with
Beasley
has been harmed.
September ratings reports.
distortion
activity
Bubba's Clem's actions
FTLACTIVE 4647860.4
an
and
ongoing
on
and
so
that Bubba
listening audience would appear larger than it actually is.
investigations and expend
ratings
on
the PPM devices
BRN, Nielsen Audio's business and
This conduct caused
breach of its License Agreement with Nielsen Audio which resulted in the
FM from the
individually
behalf, with the express purpose of
manipulating
result of the actions of Bubba Clem and
relationship
both
resources to
and to
are
Nielsen Audio and
Beasley were
Beasley
de-listing
to be in
of WBRN-
each forced to conduct
determine the facts and the full extent of Bubba Clem's
explore
remedial
yet to be determined.
15
measures.
Other
potential
consequences of
62.
less than
By
reason
of the
Filed 10/15/15
Document 1
foregoing Nielsen Audio
has suffered
16 of 21
damages
in
an
PagelD
16
amount not
$1, 000, 000, the exact amount to be determined at trial.
63.
amount of such
similarly
an
situated from
of such
were
willful,
damages in
award of punitive
engaging
a
wanton
and
order to deter
in such conduct in the future, the
punitive
Page
money
respectfully
demands
Clem and BRN in
an
judgment
appropriate.
COUNT HI
Tortious Interference With Business and
Contractual Relations With PPM Panelists
64.
through 43
as
This is
65.
a cause
factual
allegations contained
money
damages
general
in
paragraphs
1
length herein.
of action
seeking
and
injunctive
relief
against
Bubba Clem and BRN for their tortious interference with Nielsen Audio's contractual and
business
relationships with its PPM panelists.
66.
Defendants
Nielsen Audio has business and contractual
relationships
with its PPM
of these business and contractual
relationships
between Nielsen Audio
were aware
Bubba Clem and BRN
and its PPM
panelists.
relationships
between Nielsen Audio and its PPM
67.
Bubba Clem, both
interfered with the business
individually
relationships
are
not
parties
to the
business and contractual
panelists.
and
on
behalf of BRN,
intentionally
and
between Nielsen Audio and its PPM
16
panelists.
willfully
panelists.
Panelists who consent to
participate
according to Nielsen Audio's
68.
By contacting
listening
PPM
and
their business
As
investigation
a
and
Audio
forced to
them to
as
remove
use
the PPM device
the PPM device in
had
they
distorting
with Nielsen Audio,
agreed
a
the
with the
damaging
with Nielsen Audio.
was
forced to conduct
In at least
that data from its audience estimates.
internally revise
was
its audience estimates and issue
one
a new
an
the Defendants'
by
instance, Nielsen
report in which
one
de-listed form the survey.
By reason of the foregoing Nielsen Audio has suffered damages
70.
17
PagelD
intentionally interfered
result of this interference, Nielsen Audio
subscribers, Beasley,
in
amount not
an
$1, 000, 000, the exact amount to be determined at trial.
71.
amount of such
irreparable
a
contractual
situated from
of such
award of punitive
engaging
a
willful,
damages
wanton and
in order to deter
in such conduct in the
future, the
determined at trial.
harm.
For this reason, Nielsen Audio is also entitled to
and
permanently enjoining
contact any Nielsen Audio
panelists
relationships with its panelists.
an
were
result of the above actions, Nielsen Audio has suffered and will continue to
judgment preliminarily
attempting to
similarly
punitive damages to be
As
72.
suffer
instructing
to determine which listener data may have been affected
tampering
was
use
Nielsen Audio with the express purpose of
in the PPM survey
relationships
69.
less than
panelists
17 of 21
compensated for their participation.
data sent to Nielsen Audio, Bubba Clem and BRN
panelists' participation
its
are
by
Page
in Nielsen's PPM survey agree to
instructions and
different than directed
maimer
Filed 10/15/15
Document 1
17
or
an
Bubba Clem and BRN from
order and/or
contacting
or
to otherwise interfere with Nielsen Audio's
punitive
money
court deems necessary and
Page
respectfully demands judgment
and BRN in
damages against Bubba Clem
with temporary and permanent
Filed 10/15/15
Document 1
injunctive
an
18 of 21
PagelD
18
amount to be decided at trial
relief and for any and all such further relief
along
as
this
appropriate.
COUNT IV
Conspiracy to Defraud
73.
through 43
74.
for their
as
This is
conspiracy to
75.
a cause
general factual allegations
of action
seeking
Bubba Clem and BRN
were
damages against
money
engaged
To this
in
a
conspiracy
including but not
avoid detection,
even
listening
specifying
to tune
to Bubba Clem's program;
even
Fuller,
to convince Nielsen Audio
follow Bubba Clem's directions.
18
(iii)
how to
purchasing
shipped to the Cooperating Panelist to
Upon information and belief, Bubba
at least
(ii)
so
the
acts
resulting
to vary the stations
which stations other than WBRN-FM the
device to defeat the PPM' s internal motion sensor,
including
limited to Fuller and at least
his radio to WBRN-FM
Panelist should select and those which he should avoid; and
which Bubba Clem had
to defraud Nielsen Audio
end, Bubba Clem engaged in various deceptive and misleading
data would overstate the time spent
77.
Bubba Clem and BRN
panelist with whom Bubba Clem admitted he was in contact.
including instructing the Cooperating Panelist (i)
so as to
1
defraud Nielsen Audio.
Nielsen Audio PPM
76.
paragraphs
length herein.
and distort the audience estimates with individuals
one
contained in
Cooperating
manipulate
the PPM
radios and other devices
carry out his instructions.
Clem also communicated with
panelists
to
participate
in his
plan
others,
and to
Defendants
78.
overt actions in furtherance of the
79.
less than
among themselves and
agreed
Cooperating Panelist,
Fuller and the
By reason
$1, 000,000, the
of the
19 of 21
others, including but
PagelD
19
not limited to
conspiracy.
foregoing, Nielsen Audio
has suffered
damages
in
amount not
an
exact amount to be determined at trial.
amount of such
Page
to engage in unlawful acts and all undertook actual and
80.
similarly situated
an
from
were
of such
award of punitive
engaging
a
wanton and
willful,
damages
in order to deter
in such conduct in the
future, the
punitive
Filed 10/15/15
Document 1
money
respectfully
demands
Clem and BRN in
an
judgment
appropriate.
COUNT V
Florida Deceptive and Unfair Trade Practices Act
81.
through 43
above
against
Florida's
Fla. Stat.
a cause
of action
FDUTPA
and unfair
or
deceptive
contained in
paragraphs
1
or
practices
19
relief and
practices
injunctive
in accordance with
("FDUTPA").
methods of
501.204(1).
FTLACTIVE 4647860.4
and unfair trade
Practices Act
acts
allegations
seeking money damages, declaratory
prohibits "[u]nfair
deceptive
factual
length herein.
Bubba Clem and BRN for
Deceptive and Unfair Trade
83.
practices,
This is
82.
relief
as
general
competition, unconscionable
in the conduct of any trade
or
acts
or
commerce."
As set forth
84.
and
product
meet
Filed 10/15/15
Document 1
Page
20 of 21
PagelD
20
above, Defendants are engaged in the radio industry and their services
the definition of "trade
commerce"
or
as
defined
by Section 501.203(8)
of
FDUTPA.
Bubba Clem's acts described above
85.
on
behalf of BRN, to
cause
Bubba Clem's
deceive all those in the radio
published by Nielsen
Audio
industry
who
rely
including those
and
on
gain
on
who set
advertising
throughout the country
as
well
as
listening
intended to
was
rates and make
ratings.
and
of BRN.
the audience estimates and station
rankings
programming
Bubba Clem's actions
were
and other radio stations
Beasley
to advertisers.
All of Bubba Clem's actions relative to this lawsuit
87.
individually
both
deceived Nielsen Audio, and
ratings tampering
to enhance the value of his program and of BRN to
that purchase his program
by him,
and for the financial
personal gain
decisions based upon the results of the Nielsen Audio
designed
intended
the Nielsen Audio audience estimates to overstate the
audience for his program for his
86.
were
were
done
on
his
own
behalf
behalf of BRN for their mutual benefit.
Bubba's Clem's actions described herein constitute
88.
a
violation of Fla. Stat.
501.204(1).
As
89.
practices,
a
result of Defendants'
Nielsen Audio has been
deceptive, unconscionable
irreparably
harmed.
and unfair acts and
If Defendants' actions
are
continue, Nielsen Audio will suffer additional irreparable harm for which there is
remedy
no
adequate
at law.
90.
of his
allowed to
Given the
wrongdoing,
totality
of the circumstances
Nielsen Audio has
a
Bubba Clem's
substantial likelihood of
claim.
FTLACTIVE 4647860.4
including
20
success on
public confession
the merits of this
Nielsen Audio is entitled to
91.
lawsuit for
Document 1
injunctive
pursuant to Fla. Stat.
92.
By
and
arising
damages
in
By
an
attorneys'
out of the Defendants'
of the
foregoing, pursuant
fees for
to
permanently enjoining
and
reason
of the
amount to be determined at
foregoing,
§501.211,
practices
Nielsen Audio is entitled to
and BRN from
Nielsen Audio is also entitled to
no
event less than
costs
as
along
its actual
$1, 000, 000, the
exact
provided in §501.2105.
respectfully demands judgment declaring that
Bubba Clem and BRN in
fees and costs
order
committing
recover
actions of Bubba Clem and BRN violate FDUTPA, for compensatory and
attorney's
an
ratings.
trial, plus attorney's fees and court
reasonable
an
amount to be decided at
trial,
with temporary and permanent
punitive
an
21
the
money
award of its
injunctive
relief and
appropriate.
Mark J. Ragusa, Esq.
Florida Bar No.: 0829633
GUNSTER, YOAKLEY & STEWART, P.A.
401 E. Jackson Street, Suite 2500
Tampa, FL 33602
(813) 222-6619; Fax: (813) 228-6739
E-mail:
[email protected]
Trial Attorneys for Plaintiff, Nielsen Audio, Inc.
21
prosecuting this
and unfair
deceptive
restraining Bubba Clem
amount to be determined at trial but in
damages against
PagelD
that the actions of Bubba Clem and BRN violate this part and to
any further such acts intended to distort the
93.
reasonable
21 of 21
Page
501.2105.
reason
judgment declaring
preliminarily
relief
recover
Filed 10/15/15
JS 44
Filed 10/15/15
Document 1-1
Page
1 of 2
PagelD
22
CIVIL COVER SHEET
(Rev. 12/12)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
DEFENDANTS
Bubba Clem a/k/a Bubba The Love
Network, Inc.
I. (a) PLAINTIFFS
Nielsen Audio, Inc.
of First Listed Plaintiff
(b) County of Residence
(EXCEPT IN U.S.
County of Residence of First Listed Defendant
(IN U.S.
PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
Mark J. Ragusa, Esq, Gunster, Yoakley & Stewart, P.A.
401 E. Jackson Street, Suite 2500, Tampa, FL 33602
(813) 222-6619
"X" in One Box
Pinellas
PLAINTIFF CASES ONLY)
Attorneys (If Known)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an
Only)
(For Diversity Cases Only)
O 1
0 3
U.S. Government
Federal
Plaintiff
(U.S.
Question
Paro)
Citizen of This State
"X" in One Box for Plaintiff
and One Box for Defendant)
PTF
Government Not a
and Bubba Radio
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
NOTE:
II. BASIS OF JURISDICTION (Place an
Sponge
0 1
DEF
Pi
PTF
1
Incorporated
or
Principal Place
DEF
0
4
X 4
XI
5
0 5
0
6
0 6
of Business In This State
0 2
N 4
U.S. Government
Defendant
Diversity
(Indicate Citizenship ofParties
X 2
Citizen of Another State
0
2
Incorporated and Principal Place
of Business In Another State
in Item III)
Citizen or Subject of a
0 3
0
3
Foreign Nation
Foreign Country
IV. NATURE OF SUIT
(Place an "X" in One Box Only)
TORTS
n 110 Insurance
PERSONAL INJURY
n 120 Marine
n 130 Miller Act
n 140 Negotiable Instrument
n 150 Recovery of Overpayment
0 310
0 315
Airplane
Airplane Product
Liability
0 320
Assault, Libel &
& Enforcement ofJudgment
0 330
O 151 Medicare Act
O 152 Recovery of Defaulted
Student Loans
0 340
0 345
(Excludes Veterans)
O 153
Other Contract
Contract Product Liability
Franchise
Liability. LABOR
Injury
n 362 Personal Injury
Medical Malpractice
ovIL RIGHTS.
0 210 Land Condemnation
n 440 Other Civil
0 220
0 230
0 240
0 245
0 290
0 441 Voting
n 442 Employment
n 443 Housing/
Accommodations
n 445 Amer. w/Disabilities
Foreclosure
Rent Lease &
Ejectment
Torts to Land
Tort Product Liability
All Other Real Properly
Injmy
Liability
PERSONAL PROPERTY 0 710 Fair Labor Standards
A 370 Other Fraud
Act
0 371 Truth in Lending
0 720 Labor/Management
0 380 Other Personal
Relations
0 740 Railway Labor Act
Property Damage
0 385 Property Damage
0 751 Family and Medical
Product Liability
Rights
Product
Liability
0 510 Motions to Vacate
Sentence
0 530 General
0 535 Death Penalty
0
Other
0 448 Education
0
0
0
0 791
Employee Retirement
Income Security Act
Habeas Corpus:
0 463 Alien Detainee
0 446 Amer. w/Disabilities
SOCIAL SECURITY
0 861 HIA (1395ff)
n 862 Black Lung (923)
n 863 DIWC/D1WW (405(g))
n 864 SSID Title XVI
n 865 RSI (405(g))
Leave Act
0 790 Other Labor Litigation
PRISONER PETITIONS
Employment
n 422 Appeal 28 USC 158
n 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
0 820 Copyrights
0 830 Patent
0 840 Trademark
Personal
Product
Marine Product
0 360 Other Personal
REAL PROPERTY;
0 625 Drug Related Seizure
of Property 21 USC 881
0 690 Other
0 368 Asbestos Personal
Injury Product
Liability
Marine
0 350 Motor Vehicle
0 355 Motor Vehicle
Stockholders' Suits
Injury
Product Liability
0 367 Health Care/
Pharmaceutical
Liability
Recovery of Overpayment
of Veteran's Benefits
O 160
O 190
O 195
O 196
0 365 Personal
Slander
Federal Employers'
BANKRUPTCY.
FORFEITURE/PENALTY
PERSONAL INJURY
False Claims Act
State
Reapportipnment
Antitrust
Banks and Banking
0 450 Commerce
0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Environmental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
FEDERAL TAX suns.
(U.S. Plaintiff
or Defendant)
IRS—Third Party
0 899 Administrative Procedure
0 870 Taxes
0 871
or Appeal
Agency Decision
950 Constitutionality of
Act/Review
0
26 USC 7609
State Statutes
ImmIGRAnoN
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee
0 462 Naturalization Application
0 465 Other Immigration
Actions
Conditions of
Confinement
V. ORIGIN (Place an
)81
1
Original
Proceeding
"X" in One Box
Only)
CI 2 Removed from
State Court
CI
3
Remanded from
Court
CI 4 Reinstated
Appellate
Cite the U.S. Civil Statute under which you
or
Reopened
are
CI 5 Transferred from
Another District
CI 6
(specift)
Multidistrict
Litigation
filing (Do not citejurisdictional statutes unless diversity):
28 U.S.C. 1332 and 1391(b) and (c)
VI. CAUSE OF ACTION Brief
description of cause:
Fraud, Deceptive and Unfair Trade Practices Act, Tortious Interference with Business Relations and Conspiracy
CHECK YES only if demanded in complaint:
DEMAND
n CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
JURY DEMAND:
No
CI Yes
COMPLAINT:
VIII. RELATED
CASE(S)
IF ANY
DATE
(See instructions):
JUDGE
DOCKET NUMBER
SIGNATURE OF Arroy OF RECORD
)115"
0A,
/1/1Ait_c
110k-Cv
FOR OFFICE USE ONLY
RECEIPT 4
AMOUNT
APPLYING IFP
JUDGE
I
OTHER STATUTES
0 375
0 400
0 410
0 430
MAG. JUDGE
of
JS 44 Reverse
Document 1-1
Filed 10/15/15
Page
2 of 2
PagelD
23
(Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover
Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condenmation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the fmn name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthe United States are includdd here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a
party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
HI.
Residence
(citizenship) of Principal Parties.
principal party.
This section of the JS 44 is to be
completed if diversity
of citizenship
was
indicated above. Mark this
section for each
IV.
Nature of Suit. Place
an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI
below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the
filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII.
Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there
numbers and the corresponding judge names for such cases.
Date and
Attorney Signature.
Date and
sign the
civil
cover
sheet.
are
related pending cases, insert the docket
Document 1-2
Filed 10/15/15
Page
1 of 1
PagelD
24
BE4SLEY
M EDIA
GROUP, INC.
NEWS ANNOUNCEMENT
CONTACT:
Soni Dimond
President, Communications
[email protected]
Vice
239.263.5000
Beasley Media Group Announces Actions Against Todd Clem AKA,
'BUBBA THE LOVE SPONGE'
Actions Follow
Beasley and
Nielsen
Investigations
into PPM
Tampering Allegations
NAPLES, Florida, October 5, 2015 Beasley Media Group announced today that following an investigation into Nielsen's
allegations of attempted ratings distortion activity it has determined that Todd Clem (AKA, 'Bubba The Love Sponge'),
who provides syndicated programming as an independent contractor to radio station WBRN 98.7 in the Tampa Bay radio
market, was contacted directly by a PPM (Portable People Meter) holder and subsequently attempted to influence the
listening habits of the
PPM holder.
Nielsen Audio confirmed that Mr. Clem's conduct has no impact on the Tampa Bay radio market ratings because the
improper activity was discovered in a timely manner and Nielsen moved quickly to remove the PPM holder's results
from the survey. However, due to Mr. Clem's attempt to influence the listening of a PPM Panelist,
WBRN-FM (98.7 MHz), will not be included in the September 2015 ratings report.
Beasley's station,
Beasley Media Group President Bruce Beasley stated, "We were completely unaware of Mr. Clem's actions and moved
quickly to cooperate fully with Nielsen once they brought the allegations to our attention. We thank Nielsen for their
work to ensure the accuracy of forthcoming ratings.
"Beasley strongly condemns the actions of Mr. Clem, who has provided syndicated programming to radio broadcasters
for many years and is not a Company employee. We are taking appropriate steps to ensure that such conduct does not
occur in the future. These steps include, but are not limited to, compliance training for Mr. Clem and his employees and
the distribution of guidelines reiterating the importance of avoiding conduct that could cause ratings distortion, to all
Beasley employees."
About Beasley Media Group:
Beasley Media Group, Inc. is a
subsidiary of Beasley Broadcast Group, Inc., a radio broadcasting company that owns
and operates 52 stations (34 FM and 18 AM) located in twelve large- and mid-size markets in the United States. Founded in 1961,
Beasley Broadcast Group, Inc. (NASDAQ: BBGI) is headquartered in Naples, Florida. Approximately 7.7 million consumers listen to
Beasley
weekly over-the-air, online and on smartphones and tablets and millions regularly engage with the Company's
personalities through digital platforms such as Facebook, Twitter, text, apps and email. For more information, please
radio stations
brands and
visit www.bbgi.com.
EXHIBIT

Plaintiff, Plaintiff, Nielsen Audio, Inc. ("Nielsen Audio"), by and

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