San Francisco resident Justin Baker-Rhett is not happy.
Convinced that signing up for streaming service Tidal was the only way to listen to Kanye West‘s The Life of Pablo, he begrudgingly set up his subscription.
Justin relied specifically on a Twitter promise by West that the “album w[ould] never never never be on Apple. And it will never be for sale… You can only get it on Tidal.”
My album will never never never be on Apple. And it will never be for sale… You can only get it on Tidal.
— KANYE WEST (@kanyewest) February 15, 2016
The Californian wasn’t alone in his desire to hear the album: Tidal tripled subscriptions to the streaming platform from 1 million to 3 million in the month leading up to the album’s release. Yet a month and a half after the album dropped, it became available via Tidal’s biggest competitors, Apple Music and Spotify. It was even made available via West’s own online website. While most fans were undoubtedly miffed over West’s claim of ‘never never,’ many were content to let it rest.
Not so for Justin Baker-Rhett. Taking a stand for the millions of his peers Justin is now asking a California court to verify a class action against West. The lawsuit also includes Tidal, whose owners include Jay Z, Beyonce and many more, as a defendant. It is his view that Kanye and Tidal have violated a number of Californian laws including false advertising and fraudulent inducement. He has further alleged that West and Tidal have been unjustly enriched as a result.
While it remains to be seen whether the claim will get off the ground, the case could have serious implications for West (claiming to be over $50 million in debt) and the struggling Tidal.
The action is seeking punitive damages as well the deletion of subscribers personal information. It does not appear that Justin is seeking a refund for his $19.99 susbcription or personal suffering.
As noted in the lawsuit Pablo was streamed more than 250 million times within 10 days of release.
Anyway, here is the album for free.