DJ Khaled is, if you can’t tell by seeing him on TV, Youtube and beyond, a passionate man. He had high hopes for his latest album Father of Ashad to grab the #1 Billboard chart spot when it was released this past May. Sadly…signs now point to #2 being the highest the album will chart. Khaled plans to sue the magazine for this because of a potential snag with this particular case, though, as some of the album’s bundle sales were not counted by Billboard.

The outlet’s President Deanna Brown said that some of these bundle sales were done by disqualifying means: “In this particular instance, we saw an organization encouraging purchases among their members by promising them material and organizational benefits.”

Obviously this has not sat well with with Khaled. According to Page Six, Billboard initially agreed to count the downloads, but later backtracked. A source told the tabloid that when Khaled tried to appeal the decision, Billboard refused to budge.

“We dispute their decision on behalf of DJ Khaled and, frankly, every artist who is forced to navigate bundling an album download with an inexpensive item that still effectively represents their brand,” Desiree Perez, chief operating officer at Khaled’s management company Roc Nation, told the Times. “It’s confusing and demeaning to the art.”

Whatever the case is, these sales would have brought the album to #1 if they had been counted; Father of Asad was 30,000 sales behind Tyler the Creator’s album Igor. with the disputed sales accounting for more than triple that amount. It remains to be seen when this lawsuit will result in a recount or nothing at all. Billboard is preparing to restructure their policy with new rules regarding these situations.

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