Instagram Greeted with Class Action Lawsuit

December 26th, 2012 at 1:11 pm

Christmas was not merry over at Instagram as one user from California slapped the popular photo-sharing app with a class action lawsuit in response to its change service terms last week. Facebook, Instagram’s new owner, was also included in the complaint.

The plaintiff claims Instagram has committed breach of contract along with other accusations. In response, Facebook says that the company believes the “complaint is without merit” and they “will fight it vigorously.”

The changes in Instagram’s terms of service ignited a barrage of reactions, mostly negative, from users. Part of the updated terms, which has since been reworded, stated that their photos would be sold or used in advertisements without their permission or compensation.

Despite immediately editing some of the terms of service, Instagram kept the clause indicating “that we may not always identify paid services, sponsored, content, or commercial communications as such.” It also retained the statement about giving the app the ability place ads related to user content, as well as a new “mandatory arbitration clause” that waives the rights of users from participating in class action lawsuits against Instagram.

The new TOS would take effect on January 19th, which is why the lawsuit is being filed this early. The complainant is represented by San Diego-based law firm Finkelstein & Krinsk, who alleges that users forfeit their rights to photos they have uploaded even if they have deleted their Instagram account.

Source: Reuters, via TechCrunch


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