Tampa Radio: Nielsen Asks Court To Toss Bubba's Claims

Nielsen has asked a federal court to toss Bubba “The Love Sponge” Clem’s sensational entrapment counterclaims against the ratings giant and order him to pay legal costs incurred by Nielsen in defending itself against the action. In a 16-page response to Clem’s countersuit, Nielsen uses the word “denies” 93 times to respond to Clem’s allegations that Nielsen and Cox Media Group conspired in a “sting operation” to entrap the host into engaging in ratings distortion.

According to InsideRadio, the gist of Clem’s March 22, 2017 countersuit is this: Nielsen selected Nicholas Tabachuk, the now infamous “cooperating panelist” in its $1 million lawsuit against the controversial personality, along with three other members of his household as panelists with the express goal of using Tabachuk to obtain evidence against Clem. The ratings distortion evidence was obtained by a third party, acting on behalf of Cox and Mike Calta, morning man at Cox talker “102.5 The Bone” WHPT. This was in the summer of 2015 when Clem’s morning show on Beasley’s WBRN Tampa competed directly with Calta and Cox.

In its response filed Wednesday in U.S. District Court in Tampa, Nielsen denied these and scores of other allegations or said it doesn’t have sufficient knowledge or information to know whether they’re true. In the biggest headline from the filing, Nielsen admits it was Cox that first told Nielsen about Tabachuk’s alleged ratings distortion activity with Clem – after Tabachuk contacted Cox. Nielsen also acknowledges Cox then arranged a meeting between Tabachuk and Nielsen’s security team.

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In a its original  complaint filed in the Tampa Federal Court on October 15, 2015 , Nielsen Audio claims a fan of the “Bubba The Love Sponge” show put Clem in touch with an individual whose household was participating in the survey, according to Courthouse News.

Through phone calls and text messages, the complaint says, Clem offered the individual up to $400 a month if the household changed its listening habits and the host saw a boost in ratings.

According to Nielsen, Clem paid at least a portion of this money. The lawsuit details Clem’s knowledge of the impropriety of his alleged actions. In one text, the radio host purportedly wrote, “U have to promise not to say a word … this could ruin me. B … thank u. again this will kill the bad guys.”

In another text, he allegedly warns the individual, “Please take it seriously. And don’t get lazy so we have them a long time. Don’t want to loose them. So please pay attention. U know I’ll take care of u.”

Nielsen alleges that when Clem did not immediately see results, he purchased radios for the panelist to help with the manipulation of the ratings. In another text, Clem allegedly admits another panelist contacted by him had the survey device taken away after Nielsen suspected wrongdoing.

Nielsen Audio maintains the firm caught the manipulated data in time not to influence any ratings, but the damage to its reputation continues. The company is seeking $1 million in damages on claims of fraud, tortuous interference with business relationships and violation of Florida’s Deceptive and Unfair Trade Practices Act.