Company files suit in Federal Court to prevent a restraint of publication of Portable People Meter listening estimates; Company acknowledges State of New Jersey has commenced litigation; Company also acknowledges State of New York has commenced litigation. NEW YORK; October 10, 2008 –
Arbitron Inc. (NYSE: ARB) announced today that it has asked the United States District Court for the District of New Jersey for a declaratory judgment and injunctive relief against the New Jersey Attorney General to prevent any attempt to restrain Arbitron’s publication of its Portable People MeterTM listening estimates. Regarding the action by the New Jersey Attorney General The Company acknowledged today that the State of New Jersey has commenced litigation against Arbitron in the Superior Court of New Jersey for Middlesex County, alleging violations of New Jersey consumer fraud and civil rights laws relating to the marketing and commercialization in New Jersey of the PPMTM radio ratings service. Arbitron denies all such allegations and intends to defend itself and its interests vigorously. Regarding the action by New York Attorney General The Company also acknowledged today that the State of New York has commenced litigation against Arbitron in the Supreme Court of New York for New York County alleging false advertising and deceptive business practices in violation of New York consumer protection and civil rights laws relating to the marketing and commercialization in New York of the Portable People Meter radio ratings service. Arbitron denies all such allegations and intends to defend itself and its interests vigorously. As previously announced, on October 6, 2008, Arbitron commenced a civil action in the United States District Court for the Southern District of New York, seeking a declaratory judgment and injunctive relief against the New York Attorney General to prevent any attempt by the New York Attorney General to restrain Arbitron’s publication of its PPM listening estimates. Regarding Arbitron Federal suit against New Jersey Attorney General The Company stated 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, 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 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. “We are asking the United States District Court to uphold our First Amendment rights and to prevent the New Jersey 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.
