Aussies who signed up to Tidal because they thought it was the only place they could hear Kanye West‘s new album The Life Of Pablo can totally sue Yeezy for their money back.
That’s according to an Australian lawyer who’s weighed in on the class-action lawsuit against Ye and Tidal that’s just been filed by a pissed off fan in the United States.
ICYMI: Kanye originally tweeted that TLOP would be a Tidal exclusive, something which turned out to be total BS, but not before Tidal tripled its subscribers.
And now Michael Bradley, managing partner of Marque lawyers, has told triple j that it’s a “basic case of deception” and any Aussie who can establish that they joined the streaming service just to access Kanye’s album will be entitled to their money back.
According to Bradley, the most likely scenario is for the Australian Competition and Consumer Commission to get involved.
“They’d be looking to get everyone out of their Tidal contracts and get their money back,” he said. “The ACCC would say these guys [Tidal] have breached Australian Consumer law in a number of ways, including misrepresentation [Kanye fibbing about where he was releasing his album] and unfair contracts.”
The legal eagle has also taken a gander at Tidal’s T&C’s and reckons one of the conditions that states that people outside the European Union aren’t entitled to refunds won’t cut it here in Australia, and constitutes an unfair contract under our law.
So, on top of getting subscribers’ money back, old mate says “the ACCC could prosecute for these breaches of law and pursue financial penalties which could be in the millions”.
