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?

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