A Kanye West fan is suing the artist and music streaming service Tidal.
The lawsuit claims that West mislead users into signing up for a paid subscription at Tidal with the promise that his newest album would be exclusively offered on Tidal.
The proposed class action lawsuit filed in US District Court in San Francisco by Justin Baker-Rhett contends West fraudulently promised fans that his album, “The Life of Pablo,” would only be available on Tidal.
West has since released the album for free on both Apple Music and Spotify.
The lawsuit claims that millions of West fans flocked to Tidal with the promise of exclusivity. The proposed class action lawsuit says the value of those customers to Tidal may be in the ballpark of $84 million.
“Mr. West’s promise of exclusivity also had a grave impact on consumer privacy,” the lawsuit states, noting that users’ credit card information, music preferences and other personal information have been collected.
The lawsuit includes references to Twitter postings by West, including one tweet in which he wrote: “My album will never never be on Apple. And it will never be for sale… You can only get it on Tidal.”
West did sell the album on his website for a short period of time.
“We fully support the right of artists to express themselves freely and creatively, however creative freedom is not a license to mislead the public,” Baker-Rhett’s attorney Jay Edelson wrote in a statement.
“We believe that we will be able to prove to a jury that Mr. West and Tidal tricked millions of people into subscribing to their services and that they will ultimately be held accountable for what they did,” he added.
Releasing “The Life of Pablo” on Tidal gave the company an additional 2 million subscribers, the lawsuit states.