One of New York AG Eliot Spitzer‘s misguided regulation-through-litigation forays has been his lawsuit barrage against various radio station owners over payola — i.e., the practice of radio stations owners accepting money from promoters to pay certain types music over the airwaves.
I’m normally sympathetic to companies that have the misfortune of having to deal with Spitzer’s regulatory thrusts, but this WSJ ($) article on a radio owner’s defense to one such Spitzer lawsuit stretches even my liberal sympathy:

To properly file a suit under the consumer-protection laws, Entercom’s lawyers say, [Spitzer] must prove that consumers were harmed as a result of material deception. Entercom argues that, because radio is free, there can be no harm.

As a father of two teenage daughters who insist upon listening to free radio music while riding in the car with me, I can attest that Entercom’s allegation of “no harm” from listening to free radio music is wrong.