A federal court judge has denied a motion to dismiss Nielsen’s $1 million ratings tampering lawsuit against Bubba The Love Sponge (Todd Clem) and his Bubba Radio Network.
According to InsideRadio, Judge James D. Whittemore on Dec. 1 denied a motion filed by one of Clem’s attorneys to dismiss the suit, rendering the motion “moot” due to Nielsen’s Nov. 27 filing of an amended complaint against the Tampa-based syndicated morning man. The complaint put more meat on the bones of Nielsen’s case, alleging the host’s efforts to distort the ratings went well beyond the one panelist Clem publicly admitted to having contact with and extending to at least one other state.
Originally Filed Nov. 13 by Clem’s attorney Todd Foster, the motion to dismiss was based on grounds that Nielsen’s suit lacked merit to be heard in federal court and “bites off more than it can chew.” It instead requested an oral argument.
Two weeks later, Nielsen filed the amended complaint, spelling out in graphic detail Clem’s alleged communications with four additional panelists it claims “falsified their actual listening” in response to “solicitations and according to his detailed instructions.”
The suit, filed in U.S. District Court in the Middle District of Florida in Tampa, alleges fraud, violation of Florida’s Deceptive and Unfair Trade Practices Act, tortious interference with contractual and business relations and conspiracy.
Neanwhile, Bubba's flagship station in Tampa, WBRN 98.7 FM, has dropped it's "Bubba Radio" branding. The Beasley-owned station is now branding as "98.7 FM No Rules Rock". However, Bubba's morning show remains on-air and the URL for the station remains www.bubba987.com.
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