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Cumulus Takes Legal Action Against Former The Ticket Hosts
RADIO ONLINE | Monday, August 7, 2023 | 4:20pm CT |
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Cumulus Media has taken legal action by filing a lawsuit against former on-air hosts Dan McDowell and Jake Kemp, who recently left KTCK-FM (The Ticket) in Dallas, over their new podcast venture. The departure of McDowell and Kemp was a result of a contractual disagreement, as they were unable to reach a new deal.
According to a memo issued by Cumulus/Dallas Market Manager Dan Bennett, discussions between the parties fell apart due to conflicting digital media interests that McDowell and Kemp intended to pursue independently, outside of their association with Cumulus Media.
Following their departure, McDowell and Kemp launched a Patreon podcast named "The Dumb Zone," a playful nod to their previous show on The Ticket, "The Hang Zone." In response, Cumulus Media sent a cease-and-desist letter to McDowell and Kemp, expressing their objections. On Friday, Cumulus filed a lawsuit in the U.S. District Court for the Northern District of Texas against Kemp and McDowell, alleging a breach of contract.
In the legal complaint, Cumulus argues that McDowell and Kemp began producing their new podcast while still employed by The Ticket, thereby violating the non-compete clauses in their contracts. The complaint asserts that "The Dumb Zone" is essentially an identical show with the same format as "The Hang Zone," targeting a male audience and focusing on sports in the Dallas area.
Cumulus has requested a temporary injunction against both McDowell and Kemp, as well as "The Dumb Zone" podcast. The company contends that without the issuance of a temporary restraining order and a preliminary injunction, their business will continue to sustain significant and irreparable harm due to the actions of McDowell and Kemp.
Documents pertaining to the case reveal that McDowell, who became associated with The Ticket in 1999, had a clause in his contract that barred him from engaging in activities that were essentially the same as his radio work, whether directly or indirectly, for a period of six months following the conclusion of his contract.
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