Andrew Z plans to ignore cease and desist notice from Cumulus
Written by Sarah Ottney | Managing Editor | sottney@toledofreepress.comEditor’s Note: This version has been updated with the first name and title of Matt Spaulding, VP/market manager for Cumulus Media, which was omitted from the original posting.
Former Star 105 morning radio host Andrew Zepeda was served with a notice of demand to cease and desist from Cumulus Media on Feb. 28, stating that his morning radio show, relaunched Feb. 25 via smartphone app, is a violation of his noncompete agreement with the station that fired him in December.
Zepeda and his attorney, Beau Harvey, said they disagree and have no intentions of stopping the show.
Zepeda referred questions to Harvey, but said via text, “The only thing I can say is I will address it tomorrow morning at 7:30 on my show on the ‘Toledo’s APP Station’ phone app.”
Matt Spaulding, VP/market manager for Cumulus Media, said the notice was filed Feb. 25, declined to share specific details of the former host’s contract with the station, but said Zepeda’s new show is “a direct violation” of several sections.
“I can’t speak specifically to his agreement, but typically an on-air personality like Mr. Zepeda or anyone that would be on this station or any station would typically have a noncompete, nonsolicitation and nondisclosure agreement within their contract that would last for a period of time after their separation,” Spaulding said. “Typically its engaging in any type of competitive business whether on-air, online or any of the like within a certain radius of where he or she was previously employed.”
Harvey said the notice was delivered to him Feb. 28, but he has informed Cumulus that Zepeda will not stop the show.
“We don’t believe that the noncompete applies to Web radio and we’re pretty adamant about that,” Harvey said, pointing to a precedent set by a similar case in Stark County, Ohio, in which a judge differentiated between the Web and an FCC-licensed radio station. “Specifically with Andrew, they’ve limited his scope to the local business area — in other words, Toledo — whereas the Web reaches the world. … We don’t believe there’s any competition whatsoever. They are different entities. That’s really where we are. We’re kind of at a standoff.”
Zepeda’s new show debuted 6:30 a.m. Feb. 25 on a free smartphone app called Toledo’s APP Station. It airs live 6:30-9:30 a.m. Monday-Friday and replays in a loop all day afterward.
“We are jumping on a concept that is sweeping larger US cities like Dallas, Los Angeles and Chicago, but has yet to make its way to medium size markets like Toledo…until now!” Zepeda posted on his Facebook page Feb. 18.
Cast members include Zepeda’s wife Michelle, Brandon Doriot, Calen Savidge and Corey W. King. Zepeda said he aimed to gradually add more channels featuring local musicians and comedians.
The show is broadcast from Zepeda’s Perrysburg home, but he said he hopes to find more sponsors and studio space. Zepeda also alluded to another project in the works featuring more traditional media that would be announced soon.
Zepeda said he was ‘blindsided’ Dec. 26 when Spaulding told him “Andrew Z in the Morning: The People’s Show” would be dropped by Cumulus Media. The show had been at the station since July 2011, starting at tiny 100.7 The Vibe before being promoted to a larger signal at Star 105 in March and awarded a multiyear contract in June.
The firing came six days after Zepeda was sentenced by Wood County Court of Common Pleas Judge Alan Mayberry to 30 days at the Wood County Justice Center, with permission to apply for work release, and five years’ community control, including no bars or alcohol.
In October, Mayberry found Zepeda to be in violation of his intervention in lieu of conviction by participating in a Sept. 13 celebrity charity boxing match at which alcohol was served. The violation meant Zepeda was convicted of three felony charges related to a 2010 break-in at his former business. An appeal is pending.
Spaulding has declined to comment further on the firing, saying only that “there are several reasons and Andrew is aware of each.”
Zepeda was formerly a morning radio host at Clear Channel’s KISS FM, but his contract was not renewed by the station in December 2010 after charges were filed related to the pizzeria break-in.
Tags: Andrew Z, Andrew Z in the Morning, Andrew Zepeda, Cumulus Media
Of course he’ll ignore it. He’s never let little things like legal agreements or laws ever stop him from doing anything before!
This comment was posted on February 28th, 2013 at 3:04 pmwhen it comes to TOLEDO’S APP STATION…he could barely get anyone to listen to his show when he was on regualr radio – how does he think anyone will listen to him on thier phone? If we stop talking about him, eventually he will go away. If a tree falls in the forest…
This comment was posted on February 28th, 2013 at 3:48 pmThis buffoon has the jr. high demo locked, with his pee-pee cah-cah, toilet humor schtick. I’m sure little kids think it’s hilarious.
@martyjones100
This comment was posted on February 28th, 2013 at 4:01 pmTHESE RADIO MEDIAS ARE PATHETIC….SMALL COMPANIES HAVE RIGHTS…SCREW YOU ALL…KEEP FIGHTING ANDREW….ANDREW Z AND THE MORNING IS THE BEST MORNING SHOW THERE WAS AND STILL IS…..ANDREW HAS LOYAL LISTNERS….
This comment was posted on February 28th, 2013 at 4:08 pmReally? No One listening to him! I listen to him everyday and when he was let go from kiss I stopped listening to Kiss fm and started to listen to 100and 105.5 and now that he was let go from there I listen to the Toledo App. As well as others that I know listen to the Toledo App. If it’s not Andrews show it’s my Ipod. So don’t speak for everyone when you say No one listens to him…My friends, co-workers, family, and I are SOMEONE. The only thing Kiss has going for them is “D” and even he is not as funny as he was with Andrew.
This comment was posted on February 28th, 2013 at 7:10 pmI am no lawyer, but I would say that Andrews non compete problem stems from calling it Toledo APP. He is signaling that his market is Toledo, not the world as claimed. It would seem the non compete clause then holds.
This comment was posted on February 28th, 2013 at 9:41 pmI have followed Andrew for 6 years. Wherever he goes on the airwaves, I do to. I am not in junior high, I am a teacher with a masters degree and I absolutely love Andrew and his humor! I’m actually thrilled they are strictly an app station because I am too far from Toledo to get them on the radio anyway!
This comment was posted on March 1st, 2013 at 4:30 amIdiots. If no one was listening to him, cumulus wouldn’t have an issue. You guys are just jealous, and a bunch of haters.
This comment was posted on March 1st, 2013 at 9:35 amKathy and and a few of her friends listen but thats about it. Andrew was not “bindsided” , he saw it coming but chose to ignore as he does with everything. Cumulus has more money behind them to squash him legally and they should. Once again, Andrew thinks the law and contracts do not apply to him. And oh by the way, isnt he still on probabtion from entering bars and restaurants that serve alcohol? Someone should be paying closer attention.
This comment was posted on March 1st, 2013 at 10:45 am@Mark & Ken Sharp –
What Andrew Z is doing is NOT a violation of his non-compete. There was a case right here in Northeast Ohio where a DJ went and did the exact same thing.
The station lost. And lost big.
Cumulus will lose this fight, too.
This comment was posted on March 1st, 2013 at 11:45 amLet him fight this. They will get him on that Alcohol thing where he has to stay away from places that sell or serve it. Did you enjoy your Mexican food the other day Andrew? I love that place on the east side on woodville road.
This comment was posted on March 1st, 2013 at 6:37 pmMike, you are an idiot….. If you people do not like Andrew then don’t listen. Apparently, you haters are bothered by his ability to move on, just like you haters should do…. Move on… go listen to that shity 105.5 or 92.5 if you don’t like him.
This comment was posted on March 2nd, 2013 at 8:33 pm“Sherry”, “Amy”, and “Angie” sound like Andrew Zepeda pretending to be somebody else again. Pretty pathetic, Zepeda.
Andrew: join the rest of us in reality. No one cares about you. No one is jealous of you because you have nothing, you are nothing. No one besides a few leftover losers are listening to you. If you finish probation without further violations, leave Toledo and never return.
Of course, Zepeda’s much too stupid to keep his nose clean. He’ll be back inside prison soon enough. They’re keeping his future prison cell nice & warm for him. A bread & water jail diet would do you some good, Andrew.
This comment was posted on March 12th, 2013 at 1:10 amA new record!!
The T.F.P. has gone an entire month without running a non-story story on the scumbag felon and ex-weight loss czar Andrew Zepeda.
This comment was posted on April 23rd, 2013 at 12:57 am