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Nielsen Move to Dismiss Suit Denied

Judge denies Nielsen's request to dismiss a suit by Sunbeam Television that alleges the ratings company's adoption of People Meters in Miami is costing Sunbeam's WSVN Miami $1 million a month in ad revenue through audience under-reporting.
By
TVNewsCheck,

Judge Paul C. Huck of the United States District Court for the Southern District of Florida denied Nielsen Media's third attempt to dismiss the lawsuit filed by Sunbeam Television, owner of WSVN Miami, against the television ratings firm Nielsen Media Research Inc.

In the lawsuit, Sunbeam claims that Nielsen's October 2008 rollout of its Local People Meter audience measurement system in the Miami-Fort Lauderdale market has resulted in "inaccurate program ratings and underrepresentation of segments of Miami's diverse population," and that Nielsen knew about problems with the Local People Meters from its prior experience in other diverse markets such as New York and Los Angeles.

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Sunbeam claims that Nielsen's actions in launching a system that it knew to be inaccurate, particularly in demographically diverse markets such as Miami, violated the antitrust laws, Florida's statute forbidding unfair and deceptive trade practices, and Nielsen's contract with Sunbeam.

These violations, Sunbeam alleges, have cost WSVN more that $1 million per month in advertising revenue.

The court's ruling allows Sunbeam to proceed in the case on all of these claims. Commenting on the ruling, Ed Ansin, President of WSVN, stated: "We are very pleased with the court's decision.  We feel this is an important case not only for WSVN, but also for those members of the Miami-Fort Lauderdale community whose television viewing is not accurately reflected in Nielsen's television ratings for South Florida, as well as for other television stations throughout the country."

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Ratings

Overnights, adults 18-49 for February 7, 2012
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    3.1/8
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Source: Nielsen
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