

According to Billboard.com, Spotify is firing back for the first time at a class action lawsuit that is claiming its Discovery Mode is allegedly a “modern form of payola,” by arguing that the allegations are false and that its users have allegedly waived the right to sue anyhow. In court filings on January 20, Spotify asked a judge to essentially end a case filed last fall by Genevieve Capolongo, who says the company’s recommendation tools are allegedly “deceptive pay-for-play” program that allows labels and artists to secretly pay to promote their music.
Spotify says the lawsuit fails to actually accuse the company of doing anything misleading, meaning the claims are legally invalid. But more importantly, it says all its users have allegedly signed binding arbitration agreements that bar them from suing in the first place. “When plaintiff signed up for Spotify’s streaming service and throughout her relationship with Spotify, plaintiff agreed to the Spotify terms of use,” the company stated in the filings. “The arbitration agreement expressly forecloses ‘jury trials or any other court proceedings.”
Capolongo’s case is one of two recent lawsuits accusing Spotify of allegedly allowing its platform to be manipulated. Another case, filed by a rapper named RBX, claims that the streaming giant allegedly allowed “billions of fraudulent streams” that boosted the performance numbers of major stars like Drake. In her November complaint, Capolongo claimed that she and other users believe that Spotify’s suggestions are allegedly based on listening tastes, when in reality the company has chosen to “secretly sell those recommendations to the highest bidder.”
