Simon’s Venti-Sized Lawsuit

Carly Simon filed a lawsuit Oct. 9 claiming her 2008 album – This Kind Of Love – wasn’t available in “a substantial number” when it was released through Starbucks during April of last year.

What’s more, the chain slashed prices when it finally stocked the CD, a move that didn’t sit too well with Simon.

“By doing so, Starbucks stigmatized Ms. Simon’s album as an album that could not be sold at full price,” the lawsuit, filed in Los Angeles County Superior Court, alleges.

Simon blames the album’s lack of sales – only 124,000 copies sold, according to the New York Times – on the coffee chain’s decision to curtail its “I Hear Music” program, a joint venture with Concord Music.

Starbucks said in a statement it met all contractual obligations and even extended its promotion of the disc in New York and Boston.

“Unfortunately, sales continued to lag as the title received tepid response from music consumers,” Starbucks said. “Other retailers faced the same fate with this CD.”

Meanwhile, Simon has a new album coming out this month and a European tour in the planning stages for early 2010.

Never Been Gone will be released by Iris Records.