FloSports’ Lawsuit Against WWN Alleges They Lied to Get Inflated Payments

The details of FloSports’ lawsuit against WWN have been revealed online. FloSports alleges that WWN used false information to get inflated prices from them according to PWInsider.

The lawsuit, which was filed on September 15th, alleges that WWN “negligently or otherwise misrepresented the number of fans purchasing pay-perview and video-on-demand access” to their events. According to the suit, when FloSports pressed WWN for data backing up their claims, “WWN originally claimed it had lost or deleted that information. Ultimately, WWN sent records listing many subscribers more than once and including purchasers of DVDs instead of broadcast services. Even with that artificial inflation of viewership, the numbers WWN attempted to account for were far less than those represented in its initial spreadsheet.”

FloSports argues that WWN’s lies were an effort to induce them to pay out “hundreds of thousands of dollars based on data that was not only inaccurate and unreliable; it was just plain false.” They are claiming that as viewership “drives FloSports’ subscription-base and its advertising revenue, WWN’s misrepresentations robbed FloSports…”

The lawsuit says that WWN didn’t use reasonable care” in obtaining their PPV and VOD numbers, nor in communicating said information. It continues, “WWN had reason to expect that FloSports would rely on its representations, and FloSports did, indeed, reasonably and justifiably rely upon them.”

The company is seeking over $1 million in damages and has requested the following materials from WWN, which they have fifty days to respond to:

* Describe your negotiations with Plaintiff leading up to the agreements between the parties. Include how you first knew Plaintiff; the person who made the initial contact between the parties; and the conversations you had with Plaintiff during negotiations, including the parties to the conversations, date of the conversations, means of conversation, and the substance of the conversations.
* Identify any conversations you had with Plaintiff regarding the number of fans purchasing payper-view and video-on-demand access to your fighting events. Include the individuals to each conversation, date of the conversation, means of communication, and the substance of the communication. Interrogatory
* Detail your method for calculating the number of fans purchasing pay-per-view and video-ondemand access to your fighting events.
* All agreements and drafts of agreements between you and Plaintiff. Include in your response emails and other electronic items (including deleted or archived items).
* Produce all documents and communications (electronic or otherwise, including deleted or archived items) regarding any agreements between you and Plaintiff. Include in your response emails and other electronic items.
* Produce all documents and communications (electronic or otherwise, including deleted or archived items) reflecting or relating to negotiations between you and Plaintiff. Include in your response e-mails and other electronic items.
* Produce all documents and communications (electronic or otherwise, including deleted or archived items) reflecting or relating to the number of fans purchasing pay-per-view and videoon-demand access to your fighting events.
* All internal communications regarding Plaintiff. Include in your response emails and other electronic items (including deleted or archived items).
* All notes from any conversations with Plaintiff. Include in your response emails and other electronic items (including deleted or archived items).