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Nielsen vs Bubba: Round One

| October 19, 2015

By Steven J.J. Weisman
TALKERS
Legal Editor

 

weismanwriterBOSTON — The late, great Southern humorist Lewis Grizzard wrote a book titled, Elvis Is Dead and I’m Not Feeling Too Good Myself.  I thought about this recently as I considered the problems that are just in their early stages for syndicated Tampa-based talk radio host, Todd Clem, who uses the stage name Bubba The Love Sponge.  Bubba may not be dead, but he is certainly not feeling so good himself these days.  But don’t worry, Bubba, things aren’t as bad as you think – they are worse.

Clem is being sued in the Federal District Court for the Middle District of Florida by Nielsen Audio for more than $1 million on civil charges of fraud, conspiracy to defraud, interfering with business and contractual relations and violation of Florida’s Deceptive and Unfair Practices Act.  The Florida Deceptive and Unfair Practices Act is Florida’s version of the FTC Act which outlaws the broadly defined “unfair and deceptive acts and practices.”  Although the law is most often utilized by consumers, it also can apply to relationships between businesses as well.

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