Tool could face a class action lawsuit after disappointing fans at their inaugural Tool In The Sand festival in the Dominican Republic.
- READ MORE: Tool talk touring and the timing of new material: “It definitely comes on our own terms”
The band kicked off their first-ever destination music bash in the Caribbean this past weekend (March 7 and 8) in Punta Cana, Dominican Republic, across two resorts. They were slated to perform two headlining slots and promised fans “two unique sets” – which some thought meant there would be no crossovers of tracks.
However, Tool did not break out an entirely different setlist on the second night, leaving some fans disappointed and annoyed. Now, it looks like there is a possible lawsuit on the way.
One fan in attendance, Stas Rusek, is a Georgia-based lawyer and believes fans should be entitled to compensation and is asking other fans who were left disappointed to join in a class action lawsuit against Tool.
During their second headlining slot, Tool only played a nine-song set, with some of the songs being repeats from the night before, leading to the audience booing them.
In a statement shared with Metal Hammer, Rusek says: “The potential lawsuit against the promoters of Tool In The Sand is indeed being investigated. We have had lots of interest from Tool fans who attended the festival, a category which I personally fall into.
“These were my 27th and 28th Tool shows. There was a palpable sense of betrayal in the air as the show began the second night, and it lingered throughout the remainder of the weekend.
“What it boils down to is that purchasers of the festival package were promised ‘two unique sets’ by Tool. While the comments on these posts argue about what ‘unique’ means, the reality is that the opportunity to see Tool play two unique sets, ie no repeats, was the determining factor for most attendees to pull the trigger on spending thousands of dollars to attend.
“Most Tool fans, like me, have attended multiple shows on the same tour, and we know that, due to the spectacular and complex nature of their show, most songs will be repeated. However, this is not what festival attendees were promised.”

After the festival, one fan recounted his experience on Reddit and wrote: “Tool plays an epic show in the Dominican Republic. Asking fans to fly to the DR for three nights of music with two nights of Tool as the headliner. The show costing an exorbitant amount hoping for a great two nights of music.
“Tool planned to play an hour and a half each night. The first night did not disappoint. Many great songs that fans were dying to hear. The second night started with a surprise. As far as I know you could not purchase tickets to one night of the show. Meaning that everyone here was here for two nights hoping to see an epic no repeat set.”
Tool’s Live In The Sand setlists were:
MARCH 7
‘Stinkfist’
‘Fear Inoculum’
‘Rosetta Stoned’
‘Pneuma’
‘Jambi’
‘Schism’
‘The Grudge’
‘Flood’
‘Invincible’
‘Vicarious’ (First time since 2020)
MARCH 8
‘Fear Inoculum’
‘Ænema’
‘Rosetta Stoned’
‘Pneuma’
‘Jambi’
‘Descending’
‘Intolerance’
‘Chocolate Chip Trip’
‘Swamp Song’
In other news, Tool recently revealed that they plan to spend three months “organising our ideas” in the studio this spring as they work on their new album. They are also slated to perform at Black Sabbath’s final gig in Birmingham later this summer.