A lawyer is thinking about a class action against Tool. Here’s why.

Once in a while, I have an Ongoing History of New Music program called “Stupid History” which looks at some of the dumber aspects of music’s legacies. This one will make the next episode.

Last weekend (March 7-9), Tool headlined their very first Tool in the Sand event, a festival at the Hard Rock Hotel in Punta Cana, Dominican Republic. They were supported by Coheed and Cambria, Mastodon, and Primus. And as a carrot, Tool fans were promised two performances from Tool featuring two different sets of songs.

Cool, right? But Tool didn’t quite deliver on that promise.

March 7 set:

“Stinkfist”
“Fear Inoculum”
“Rosetta Stoned”
“Pneuma”
“Jambi”
“Schism”
“The Grudge”
“The Flood”
“Invincible”
“Vicarious”

March 8 set:

“Fear Inoculum”
“Ænema”
“Rosetta Stoned”
“Pneuma”
“Jambi”
“Descending”
“Chocolate Chip Trip”
“Intolerance”
“Swamp Song”

Okay, they repeated four songs, at least three of which are stone-cold Tool classics. Yet on the second night, Took was booed by their own fans. Why? The two sets weren’t completely different. Tool fans took to social media and eviscerated the group. I quote one fan: “If you hated Tool fans, this is what you would do. It’s perplexing that they are this disconnected from reality. I think it’s more than f*cked up; I think it’s a breach of contract and they owe us a refund for tonight.”

Fine. Even the best bands can fail to live up to expectations. But now a lawyer is trolling for Tool fans to join a class action lawsuit that accuses Tool of being in breach of contract for not playing two completely different sets. Stas Rusek, an American attorney (of course he’s American, the land of the litigious) believes that fans are entitled to a refund or some kind compensation.

Posting on Facebook, Rusek’s firm says “Did you pay $4,000 – $10,000 for the Tool in the Sand Punta Cana festival with promises of two unique Tool performances?You were promised two unique Tool setlists, you paid premium prices based on these promises, the second show repeated approximately 60% of the first night’s setlist, and the second performance ended early.

“Our firm is investigating a potential class action lawsuit against the organizers of the Tool in the Sand festival for potential breach of contract and misrepresentation. Attorney Stas Rusek is not only a huge Tool fan, but also a festival attendee who feels your pain and seeks justice for all of those potentially ripped off by a classic bait and switch.”

Nothing from Tool yet.