Class-Action Suit Filed Vs. Instagram

Despite the fact that Facebook-owned photo-sharing application Instagram backtracked on a controversial plan to incorporate users’ images into advertising, similar to Facebook’s sponsored stories, a class-action suit was filed against Instagram in federal court in San Francisco Friday.

Reuters reported that the suit was filed by San Diego-based law firm Finkelstein & Krinsk, and it states that users who disagreed with Instagram’s terms of service can delete their profiles, but they then forfeit rights to photos they previously shared on the service, concluding:

In short, Instagram declares that, “Possession is nine-tenths of the law, and if you don’t like it, you can’t stop us.”

Reuters pointed out that Instagram’s revised terms of service include a mandatory arbitration clause, which forces users to waive the right to participate in class-action lawsuits against it, but the new terms of service do not go into effect until mid-January, and the current version contains no such clause.

Facebook Manager, Public Policy and Communications Andrew Noyes told Reuters in an email:

We believe this complaint is without merit, and we will fight it vigorously.

Readers: Do you think this lawsuit should proceed?

Related Stories
Mediabistro Course

Content Marketing 101

Content Marketing 101Almost 60% of businesses use some form of content marketing. Starting December 8, get hands-on content marketing training in our online boot camp! Through an interactive series of webcasts, content and marketing experts will teach you how to create, distribute, and measure the success of your brand's content. Sign-up before November 10 to get $50 OFF with early bird pricing. Register now!