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Here's The Lawsuit

Did he say anything about cash, money, etc? From what I can gather, he didn't. This woman doesn't have a leg to stand on.

After this is dismissed, I would think another lawsuit should be filed... for wrongful termination.

Jonathan


> Over 100 Grand
>
> Is She Eligable for the 100,000 or Just a candy bar - Yet to
> be seen?
>
> http://wave3.com/Global/story.asp?S=3511549&nav=0RZEbMsG
>
> Please talk about this as you wish ( and at the wishes of
> the moderators lol )
>
 
> Did he say anything about cash, money, etc? From what I can
> gather, he didn't. This woman doesn't have a leg to stand
> on.
>
> After this is dismissed, I would think another lawsuit
> should be filed... for wrongful termination.
>
> Jonathan

Ridiculous. This stunt has been done elsewhere before and nobody got sued. I dislike Cumulus as much as the next person, but Slick is a solid jock that didn't deserve this. Wrongful termination won't fly, though. As I understand it (and I could be mistaken, certainly), Slick left on his own.

It's frivolous bulls*it like this lawsuit that is going to kill of any resemblance of "creative radio." The lady's nuts and that's that.<P ID="signature">______________
Aaron Tyler
Afternoons / MD
WVZA / Marion - Carbondale, IL
www.kissfm927.com

Weekends / Swing
KSLZ / St. Louis
WAKZ / Youngstown, OH
</P>
 
That's not creative, he ripped off an old (OLD) bit, and he could have at least used a fake listener. The story I heard was that Slick crossed the line and lead her along to think it was real money.

But on a happier note, now that Yarber and Robert Lindsey will both be leaving Lexington radio, I can move back to Kentucky. God bless gullible listeners!




> > Did he say anything about cash, money, etc? From what I
> can
> > gather, he didn't. This woman doesn't have a leg to stand
>
> > on.
> >
> > After this is dismissed, I would think another lawsuit
> > should be filed... for wrongful termination.
> >
> > Jonathan
>
> Ridiculous. This stunt has been done elsewhere before and
> nobody got sued. I dislike Cumulus as much as the next
> person, but Slick is a solid jock that didn't deserve this.
> Wrongful termination won't fly, though. As I understand it
> (and I could be mistaken, certainly), Slick left on his own.
>
>
> It's frivolous bulls*it like this lawsuit that is going to
> kill of any resemblance of "creative radio." The lady's
> nuts and that's that.
>
 
> Did he say anything about cash, money, etc? From what I can
> gather, he didn't. This woman doesn't have a leg to stand
> on.

There was a case a year or two ago where a Hooters restaurant offerred a "Toy-Yoda" in a contest. The winner thought she was getting a Toyota only to get a Star Wars action figure. She sued, and, as I understand it, she lost.

One of my former employers recently did the same stunt but with a twist. They told everyone REPEATEDLY that they would win an action figure, a "Toy Yoda," and even put a picture of it on the website. They made sure to tell everyone it was not a car. People still continued to call after they did all of this to find out about the car they were giving away.
 
Re: Cumulus was wrong and will lose this one

I did not hear slicks oldest "fake contest" in the book nor have I talked to Slick or JJ but here is what I know for a fact after talking with friends at Cumulus.

1)Slick promoted the "100 grand" giveaway. Almost 8 hours before the "contest" was done. Are the managers at cumulus a sleep at the wheel or what? If that happened here in natti someone would have called and asked questions.

2)Slick (more then once) was talking about this "life changing prize" and "all the things you could buy with the 100 grand that hot 102 was giving away" plus he used the following words (again more then once).. "cash", "money", "its in a big bag next to me", "Wow, 100 grand is heavy" and "no joke".

3)He never mentioned anything about food, taste, candy, or candy bar until around 10:45pm. The contest was done and over by 10:10pm.

3)He used a real winner.. who was crying, screaming, thanking god and the station. She stated how much she needed the money and how this money was going to change her life and her kids lifes. It was very very clear she thought she had won $100,000! Slick laughed and asked her "what is the first thing you are going to buy?" and told the winner she "needed to come downtown to the station tomorrow night at eight to get her 100 grand", he made a point to tell about the bank building the station is located within.

4)The next morning after getting the family together (the night before) and telling her kids that they were going to get a new minivan, buy a house with a big back yard and change their lifestyles she showed up at the studio. Not at 8:00pm but at 8:00am because banks were not open at 8:00pm, she went to the bank first and waited for them to open, the bank sent her upstairs to the station and she told the person working that she was the lady that won the 100 grand last night, after a few phone calls by the lady working the front desk she was told to come back at 8:00pm to get the 100 grand. They never mentioned the candy bar.

5)When she got home she got a phone call from the GM, he left a message on her voicemail which said "I think you think you have won $100,000.. but you really won a candy bar that is named 100 grand, it was a joke". Again another question about cumulus managment.. who leaves a message like that on someones voicemail? Hell, our GM would have gone to her house or left a message to call him without any details.

6)When she called the GM back said it was a joke and offered her $5000 and a trip which in around about way says we were at fault, please take this money and go away.

IMHO a stunt like this is not fair to us as broadcasters, sure if its done right (which 99% of the time it is) it can get the streets buzzing but when it goes wrong and its handled like this it makes all of our stations look bad and puts a question mark on every contest we do.

If the above information doesn't change your mind on who was in the wrong in this case. Here two things to also consider, she has 3 kids with one on the way, drives a car from the early 80's and really needs this money. Secondly remember the GM saying it was all a "joke".. this was and still is posted on slicks blog from that night.. in his own words.. "we are going to make someone 100 grand richer tonight.. no joke".

How do you think the 12 people that don't know anything about radio or radio stunts will see this? My bet is cumulus will lose and lose big or they will come to terms out of court. <P ID="edit"><FONT class="small">Edited by gooberj on 06/25/05 03:23 AM.</FONT></P>
 
> That's not creative, he ripped off an old (OLD) bit, and he
> could have at least used a fake listener. The story I heard
> was that Slick crossed the line and lead her along to think
> it was real money.

Do the listeners know it was a bit done by other jocks? No. Remember, we don't do bits on our shows to impress each other. Last time I checked, the opinion of a jock in Jackson, Mississippi didn't decide whether or not I had a successful show in Fort Wayne, Indiana. That point is moot.

Again, did he say anything about money? No. She assumed it was money. And you know the old saying: "When you assume, all you do is make an ass out of 'u' and me." Slick did nothing wrong. As you pointed out, this stunt has been done before. Were those jocks sued? No? I rest my case.

I did a stunt where I walked "Naked" through downtown Meridian, MS (my old market). Now ask me if I was arrested for walking "Naked" (Naked was a guy in a opossum suit). I wasn't. This lady needs to grab a clue. She was embarressed. Move on with your life, lady. Things happen. If you're thank gullible I'm sure this won't be the last time something like this happens to you.

Jonathan
 
Re: Cumulus was wrong and will lose this one

In the case of 100 grand in fact being a choclate bar, is there any FCC regulation that CLEARLY states that the radio personality MUST say so?
(With the exception of April first, respectfully.)


<P ID="signature">______________
"If you never say NO, How much is your YES worth?"
</P>
 
Hello, Mrs Gill? This is Earth calling... Do you read us?

> What is FCC regulation in respect to clarity of prize given
> away anyway?
> Isn't there some sort of regulation in place that, (with the
> acception of April first) clearly states that a prize being
> offered MUST be clearly stated?
>
> If 100 grand is in fact a choclate bar, is there any
> regulation that CLEARLY states that the radio personality
> MUST say so?
>

"A Hundred Grand" could be interpreted either way... Common sense would dictate that a radio station is not going to give away "a hundred grand" (as in $100,000) with such little notice [only about 8 hours worth of promotion, mind you] and for something as simple as listening to the radio instead of watching that oh-so-boring monstrosity known as American Idol and then being caller number ten. It ain't gonna happen.. As long as Slick did not say "a hundred thousand DOLLARS," and to the best of my knowledge, he did not, then this woman has no case.

It will get ugly... It will get attention... There will be many dollars spent in legal fees...

But in the end, crazy lady loses. End of story.<P ID="signature">______________
Aaron Tyler
Afternoons / MD
WVZA / Marion - Carbondale, IL
www.kissfm927.com

Weekends / Swing
KSLZ / St. Louis
WAKZ / Youngstown, OH
</P>
 
Re: Cumulus was wrong and will lose this one

> In the case of 100 grand in fact being a choclate bar, is
> there any FCC regulation that CLEARLY states that the radio
> personality MUST say so?
> (With the exception of April first, respectfully.)
>

In the late 70's...96X Miami got in trouble with the FCC for
screwing with a contest. The routinely congratulated on-air
winners of Y-100's contests...i.e...Y-100 gave away a Cadillac to
say "Listener B". 96X ran liners saying something like "congratulations
to Listener B...winner of a brand-new Cadillac...(pause)...96X.
Very misleading. The FCC revoked their license.
Does the FCC operate this way now? Probably not, but they still
frown on such misleading crap.<P ID="signature">______________
you're not a lawyer, are you?</P>
 
Re: Hello, Mrs Gill? This is Earth calling... Do you read us?

Read the previous post from the person who laid it all out for you. "Slick" DID say and lead people to believe that it was not a candy bar, but money. He actually said something about imagining all of the things you can BUY with 100 Grand. You can't buy things with candy, so he implied money. Then he asked the listener the first thing she would BUY with her money! Listeners are also led to believe that radio stations actually can come up with $100k to give away. We convince them of that all the time. The Cat is participating in the CC national contests, aren't they? So thinking that we're safe because listeners have common sense is pretty moronic.
You don't even have to say "cash" to be guilty. You have to lead a person to believe they're winning something, then turn the tables on them after they won. That's exactly what "Slick" did. That's why he got mentioned on CNN this week as one of the biggest morons of the week! Most of all, what an (BLEEP) for requiring the woman come to the radio station to be devastated in front of everybody. He led her to believe she would win, and that she had won $100,000. She's going to win her money, and it's a good thing too. We are here to entertain and provide for our community, not to make a listener's miserable life even harder.
 
Re: Hello, Mrs Gill? This is Earth calling... Do you read us?

Even if this caller had won $100,000, she would probably
have been taken by con artists before she ever bought
the mini-van or palace.

If she wins the lawsuit, and you know the chances of that,
she probably won't have enough left to buy even a Butterfinger,
anyway.

Ah, the evils of radio listenership. Worst than alcheyhall
or that thar lottorree.
 
Re: Cumulus was wrong and will lose this one

I think you have summed up the whole situation very well. Today it was in the news that a complaint will be filed with the FCC. Will the FCC think Slick's stunt was funny? I think not. Lew better get his checkbook ready.


Toby Williams
Ten Spot, KY


> I did not hear slicks oldest "fake contest" in the book nor
> have I talked to Slick or JJ but here is what I know for a
> fact after talking with friends at Cumulus.
>
> 1)Slick promoted the "100 grand" giveaway.
> Almost 8 hours before the "contest" was done. Are the
> managers at cumulus a sleep at the wheel or what? If that
> happened here in natti someone would have called and asked
> questions.
>
> 2)Slick (more then once) was talking about this "life
> changing prize" and "all the things you could buy with the
> 100 grand that hot 102 was giving away" plus he used the
> following words (again more then once).. "cash", "money",
> "its in a big bag next to me", "Wow, 100 grand is heavy" and
> "no joke".
>
> 3)He never mentioned anything about food, taste, candy, or
> candy bar until around 10:45pm. The contest was done and
> over by 10:10pm.
>
> 3)He used a real winner.. who was crying, screaming,
> thanking god and the station. She stated how much she needed
> the money and how this money was going to change her life
> and her kids lifes. It was very very clear she thought she
> had won $100,000! Slick laughed and asked her "what is the
> first thing you are going to buy?" and told the winner she
> "needed to come downtown to the station tomorrow night at
> eight to get her 100 grand", he made a point to tell about
> the bank building the station is located within.
>
> 4)The next morning after getting the family together (the
> night before) and telling her kids that they were going to
> get a new minivan, buy a house with a big back yard and
> change their lifestyles she showed up at the studio. Not at
> 8:00pm but at 8:00am because banks were not open at 8:00pm,
> she went to the bank first and waited for them to open, the
> bank sent her upstairs to the station and she told the
> person working that she was the lady that won the 100 grand
> last night, after a few phone calls by the lady working the
> front desk she was told to come back at 8:00pm to get the
> 100 grand. They never mentioned the candy bar.
>
> 5)When she got home she got a phone call from the GM, he
> left a message on her voicemail which said "I think you
> think you have won $100,000.. but you really won a candy bar
> that is named 100 grand, it was a joke". Again another
> question about cumulus managment.. who leaves a message like
> that on someones voicemail? Hell, our GM would have gone to
> her house or left a message to call him without any details.
>
>
> 6)When she called the GM back said it was a joke and offered
> her $5000 and a trip which in around about way says we were
> at fault, please take this money and go away.
>
> IMHO a stunt like this is not fair to us as broadcasters,
> sure if its done right (which 99% of the time it is) it can
> get the streets buzzing but when it goes wrong and its
> handled like this it makes all of our stations look bad and
> puts a question mark on every contest we do.
>
> If the above information doesn't change your mind on who was
> in the wrong in this case. Here two things to also consider,
> she has 3 kids with one on the way, drives a car from the
> early 80's and really needs this money. Secondly remember
> the GM saying it was all a "joke".. this was and still is
> posted on slicks blog from that night.. in his own words..
> "we are going to make someone 100 grand richer tonight.. no
> joke".
>
> How do you think the 12 people that don't know anything
> about radio or radio stunts will see this? My bet is cumulus
> will lose and lose big or they will come to terms out of
> court.
>
<P ID="edit"><FONT class="small">Edited by gooberj on 06/26/05 11:58 AM.</FONT></P>
 
> Did he say anything about cash, money, etc? From what I can
> gather, he didn't. This woman doesn't have a leg to stand
> on.
>
> After this is dismissed, I would think another lawsuit
> should be filed... for wrongful termination.
>
> Jonathan
>
>
> > Over 100 Grand
> >
> > Is She Eligable for the 100,000 or Just a candy bar - Yet
> to
> > be seen?
> >
> > http://wave3.com/Global/story.asp?S=3511549&nav=0RZEbMsG
> >
> > Please talk about this as you wish ( and at the wishes of
> > the moderators lol )
> >
>
The wrongful termination lawsuit would be dismissed as well because Kentucky is a right to fire state.
 
Re: Hello, Mrs Gill? This is Earth calling... Do you read us?

> Even if this caller had won $100,000, she would probably
> have been taken by con artists before she ever bought
> the mini-van or palace.
>
> If she wins the lawsuit, and you know the chances of that,
> she probably won't have enough left to buy even a
> Butterfinger,
> anyway.
>
> Ah, the evils of radio listenership. Worst than alcheyhall
> or that thar lottorree.
>

Dude,

She's got WLTO by the balls. GM admitted guilt by offering her not one, BUT TWO alternate prizes! The rocket scientist night jock made on-air and posted on-line statements inferring that the prize was cash. My question is why the OM (Robert "I have no life" Lindsey) and the GM still have a job? This is the 4th major fiasco on their watch in less than a year! <P ID="edit"><FONT class="small">Edited by gooberj on 07/04/05 02:36 AM.</FONT></P>
 
Re: Hello, Mrs Gill? This is Earth calling... Do you read us?

Well, look at it this way. Hot 102 is getting a ton of free publicity out of this. Also that woman is probably not going to get jack. I doubt the people over at WLTO are stressing too much over this.
 
> Did he say anything about cash, money, etc? From what I can
> gather, he didn't. This woman doesn't have a leg to stand
> on.
>
> After this is dismissed, I would think another lawsuit
> should be filed... for wrongful termination.
>
> Jonathan

Actually under contract law she does have a case and will probably win. While the bit has been done thousands of times in the past, its always done at the end where the winner is told its a 100 grand candy bar and not the actual money. In fact the bit is stupid unless that part is done and is misleading and puts the station at risk. Had slick told her when she won it was a candy bar she probably would not have a case.








>
>
> > Over 100 Grand
> >
> > Is She Eligable for the 100,000 or Just a candy bar - Yet
> to
> > be seen?
> >
> > http://wave3.com/Global/story.asp?S=3511549&nav=0RZEbMsG
> >
> > Please talk about this as you wish ( and at the wishes of
> > the moderators lol )
> >
>
 
This is Earth calling... Do you read us?

It doesn't matter whether the people at Hot 102 care or not. If they get nailed in court, the corporate guys will get involved and Bob Lindsey will have to fire another scapegoat. I admit, that's what he does best.

-RBlahblah





> Well, look at it this way. Hot 102 is getting a ton of free
> publicity out of this. Also that woman is probably not going
> to get jack. I doubt the people over at WLTO are stressing
> too much over this.
>
 
Re: This is Earth calling... Do you read us?

This is just another sad example of the terrible state this country is in. There's no place better, but will the sue happy people all just grab an anchor and jump into the ocean, please? Honey, you got duped by a radio gag. No one said what you won was cash, they just said "100 grand." Usually when a station is giving away money they will say the word "cash" because it's an attention getter. That word was never used here. This chick is just upset because she went out and spent money she didn't even have yet, nor was going to have, and is now up the creek. Too bad she'll win this one, or at least get money out of it from a settlement. Damn justice system.

> It doesn't matter whether the people at Hot 102 care or not.
> If they get nailed in court, the corporate guys will get
> involved and Bob Lindsey will have to fire another
> scapegoat. I admit, that's what he does best.
>
> -RBlahblah
>
>
>
>
>
> > Well, look at it this way. Hot 102 is getting a ton of
> free
> > publicity out of this. Also that woman is probably not
> going
> > to get jack. I doubt the people over at WLTO are stressing
>
> > too much over this.
> >
>
 
Re: This is Earth calling... Do you read us?

Though I don't live in Kentucky, I've been following this story like the rest of the country. This is just another example of how the industry is being populated by a bunch of ignogrant yahoos hired by these cheap corporations to run their radio stations. What the guy did was stupid. The FCC is very clear about their rules, and the laws in each state frown heavily on this kind of misrepresentation. It was a dumb prank completely misshandled by a buffoon. Neither the P.D. or the night guy used any kind of brain power to figure out how to do the prank without backlash.

You're a moron if you defend these guys. The object of promotion is to get people to like you, not to hate you. Happily, they've both been fired, and they'll have a hard time finding a job in the future. And BTW, if you're one of the people who don't see where this gag missfired then you'll probably end up on the trash heap too... because you just don't get it.

Dumbass.
 
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