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

Facebook Marketing

Facebook MarketingStarting Janaury 13, work with the group marketing manager of social media at Microsoft/BingAds to build a fan base and grow your business on Facebook! In this course, Geoffrey Colon will teach you how to set up and enhance your company page, understand best practices and measuring your success, execute a monthly content strategy, and incorporate Facebook into your overall marketing efforts. Register now!