Arbitron on Friday afternoon (Oct. 10) announced it has asked the United States District Court for the District of New Jersey for a declaratory judgment and injunctive relief against New Jersey attorney general Anne Milgram to prevent any attempt to restrain Arbitron’s publication of its PPM listening estimates. The move follows Milgram’s suit announced earlier in the day that alleged violation of the state’s consumer fraud and civil rights laws relating to the marketing and commercialization in New Jersey of the PPM radio ratings service.
Earlier this week (Oct. 6), Arbitron filed a civil suit against New York AG Andrew Cuomo seeking similar declaratory judgment and injunctive relief, and on Friday Cuomo commenced litigation against Arbitron in the Supreme Court of New York for New York County alleging false advertising and deceptive business practices.
And, like its case against Cuomo, Arbitron says in the case against Milgram that “any restraint on the publication of its PPM 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, Arbitron is seeking a judgment declaring that the publication of its PPM listening estimates is fully protected by the U.S. and New Jersey State Constitutions and a permanent injunction enjoining the New Jersey attorney general from attempting to restrain or prevent Arbitron from publishing its PPM listening estimates.
Arbitron also said it denies all allegations in both cases and intends to “defend itself and its interests vigorously.”