Thomas Weber filed the suit claiming invasion of privacy, unjust enrichment, misappropriation and piracy of his voice and likeness -- naming Cross, his label Sub-Pop Records and distributor Warner Music Group as defendants.
Weber's suit seeks unspecified damages as well as an injunction preventing any more sales of Cross' Grammy-nominated CD "Shut Up, You F--king Baby!" and his DVD "Let America Laugh," E! Online reports.
Weber created a Web site dedicated to his suit, in which he claims Cross purposefully engaged him in a conversation at the club he managed, which was allegedly taped without his knowledge and used in the recordings.
Sub-Pop released a statement Friday saying Weber consented to being recorded and is now distorting the truth for "financial benefit."
"David's lawyers plan to vigorously defend this claim and we're confident that the truth will come out in court," the Sub-Pop statement said.