The Howard Stern and I.R.S. Lawsuit

Howard Stern and the I.R.S. are having issues. It's not what you might think.

On May 19th 2015 an I.R.S. agent called the Howard Stern show and was put on hold to wait his turn to be on the air. While he was on hold a woman called and was put to his phone on another line. I'm guessing that was his work phone and his personal phone was the one on hold with Howard Stern.

As he was discussing her income tax issues for 45 minutes the show heard the call and put it on the air. She has sued Howard Stern and the I.R.S. for damages.

It sounds like a radio stunt but it isn't.

This is a good read on the case from Steven J.J. Weisman a practicing attorney, legal editor for TALKERS magazine, a professor of Media Law at Bentley University in Waltham, Massachusetts. He describes the claims and concludes

Ultimately, it would appear that this is a case that will never reach a courtroom.  The liability of agent Forsythe, the IRS and the federal government are quite clear and further litigation of this matter would prolong the embarrassment of the IRS.  It can be expected that the IRS will settle this case with a payment to Barrigas.

As for Howard Stern, his liability is not as clear and the extent of the harm suffered by Ms. Barrigas would need to be firmly established in court even if she were to establish Stern’s legal liability during a trial.  However, if Barrigas has found the notoriety brought to her by the incident to be troubling, the prospects of a trial including extensive cross-examination of her that would become fodder for the media would seem to be something she would not wish for.  Therefore, it is likely that it would be in the best interests of both Barrigas and Stern to settle this matter.  It would be expected that a confidentiality agreement as to the terms of any settlement would apply.

I wonder what will happen to agent Forsythe?

Read more of his legal columns at the Talkers website