Justin Baker-Rhett's case against Kanye West, Tidal and parent company Aspiro is moving forward and the attorney for the defendants is not having any of it, Complex reports. If you can remember, Justin is suing the trio for Ye's since-deleted tweet that read: "My album will never never never be on Apple. And it will never be for sale.... You can only get it on Tidal."
Justin's claiming that he was fraudulently forced to pay $9.99 a month for Tidal when Ye's album later went to other music streaming platforms that were free. The latest documents detail how Justin is "a Kanye West super-fan who closely followed Mr. West's social media feeds and routinely listened to podcasts regarding Mr. West," so he basically should have known that outside Ye's one tweet, it was reported that it would only be on Tidal for a week before other platforms.
"The only way to establish which, if any, of the class members were (1) aware of the Tweet; and (2) relied on its contents when subscribing to Tidal, is to conduct individualized inquiries of each class member’s subjective experiences and motivations," the brief reads. "That would outweigh any benefits of a class action, and is precisely why consumer fraud actions such as this are inappropriate for class certification."
The trio's rep also reminds the court that Justin could have easily canceled his Tidal membership or used the platform for other uses.
