Radio Industry Watching Cumulus vs. Nielsen Lawsuit Proceedings

Cumulus Media’s antitrust lawsuit against Nielsen is accelerating, with a federal judge in New York granting the radio giant an expedited path toward a possible preliminary injunction that could force Nielsen to end its controversial “tying” policy before the end of 2025.

On November 3, 2025, Judge Jeannette A. Vargas set aggressive deadlines in the Southern District of New York case: briefs on Cumulus’s injunction motion are due December 1, and a hearing is scheduled for December 8. 

If Cumulus prevails, Nielsen could be barred from requiring stations to buy expensive local-market ratings data as a condition of accessing its indispensable national radio ratings—potentially upending decades of industry practice and opening the door to lower-cost competitors like Eastlan Ratings.

The lawsuit, filed October 16, accuses Nielsen of illegally monopolizing radio audience measurement and engaging in coercive bundling that costs the industry hundreds of millions annually while delivering declining service quality (Cumulus alone reported more than 50 service failures in its markets this year).

Nielsen calls the suit “entirely without merit” and a negotiating tactic tied to contract renewals, insisting it has offered Cumulus standalone national products that were rejected.

Key upcoming dates:

• December 1, 2025 – Response briefs due
• December 8, 2025 – Evidentiary hearing on preliminary injunction

Industry sources say a Cumulus victory could trigger similar challenges from other broadcasters and reshape radio advertising economics heading into 2026. No trial date has been set, and settlement remains possible before the December hearing.