Arbitron Seeks Declaratory Judgment and Injunctive Relief against the AG for the State of NY

Arbitron Inc. Seeks Declaratory Judgment and Injunctive Relief against the Attorney General for the State of New York 
Company files suit in Federal Court to prevent a restraint of publication of Portable People Meter listening estimates; 
Maintains that restraint of PPM would have an adverse impact on the radio industry and violates Company’s First Amendment rights.

NEW YORK; October 6, 2008 – Arbitron Inc. (NYSE: ARB) announced today that it has asked the United States District Court for the Southern District of New York, for a declaratory judgment and injunctive relief against the Attorney General for the State of New York to prevent any attempt to restrain Arbitron’s publication of its Portable People MeterTM listening estimates.

The Company stated that any restraint on the publication of its PPMTM listening estimates would have an adverse impact on the radio broadcast industry and advertising industries as a whole, would cause Arbitron’s business to suffer severe irreparable harm, would cause economic injury to Arbitron’s shareholders and violates the Company’s First Amendment rights to publish its radio audience listening estimates.

Among other things, the Company is seeking the following relief:

• a judgment declaring that the publication of its PPM listening estimates is fully protected by the U.S. and New York Constitutions; and 
• a preliminary and permanent injunction along with a temporary restraining order enjoining the New York Attorney General from attempting to restrain or prevent Arbitron from publishing its PPM listening estimates.

“Arbitron publicly announced in November 2007 that we intended to commercialize our Portable People Meter radio ratings service in New York with the release of the September 2008 PPM survey report on October 8, 2008. The New York Attorney General has waited until October 2, less than a week before our scheduled commercialization, to notify Arbitron that his office intends to bring a lawsuit seeking to enjoin alleged violations of New York law. Such conduct is unfair to Arbitron and is unfair to the radio and advertising industries. We are asking the United States District Court to uphold our First Amendment rights and to prevent the New York Attorney General from attempting to restrain publication of our Portable People Meter listening estimates,” said Steve Morris, president, chairman and chief executive officer, Arbitron Inc.

Post comment ...
Anonymous comments are disabled. Login