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Instagram Faces Class Action Lawsuit

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San Francisco, CA: Instagram is facing a proposed unfair business practices class action lawsuit related to its recently updated terms of service. Specifically, the lawsuit, filed by California Instagram user Lucy Funes, alleges the company is in breach of contract: "[Instagram's] unreasonable change of Terms accordingly violated the implied covenant of good faith and fair dealing inherent in Instagram's current Terms," the lawsuit states.

Instagram, now owned by Facebook, announced updates to its privacy policy and terms of service the week before Christmas, and one provision stood out: The right apparently reserved by Instagram to sell users' photos without notice or compensation. As a result of rapid and large user backlash, the photo-sharing site denied that it had plans to sell user photos, referring to the upset as a misunderstanding. The new terms of service will go into effect January 16, 2013.

According to the lawsuit, "On behalf of a class of Instagram's California customers, Plaintiff is acting to preserve valuable and important property, statutory, and legal rights, through injunctive, declaratory, and equitable relief issued by this Court before such claims are forever barred by adoption of Instagram's New Terms," the filing said. "For this reason, even though the New Terms are not yet effective, this case is 'ripe' for adjudication."

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Reader Comments

Posted by

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Seems to me this type thing should be illegal period. No site whether Instagram, Facebook or Google should be able to use any of your stuff for their own use and profit. If you read the terms and agreements on such sites you are required to agree to them using your stuff without your knowledge and consent! And if you do not agree you can't use their site/browser. Really why is it ok for them to get away with this!? The profiting of is what gets me the most! Your not entitled to not even a percentage....so wrong! Something really needs to be done about this! And most ppl don't have a clue. Most apps pre-installed on mobile phones if you read what they are able to do and are doing, you'd be shocked! And you cannot uninstall! It's set up so that you throw all your rights away! There is absolutely no privacy online that's bad enough. Why must we not get credit or compensated for our own words, pictures, voices,ideas,etc!!!??? It's ????????! And it should be illegal! All of these sites/browsers/app companies/owners who force this upon every single person who uses a mobile and the internet should be fined for Everytime they've ever done it to anyone! As well as arrested for violating our privacy by listening,looking through our devices to spy on us. Stealing ideas, thoughts, creations and so much more then selling them as their own!??

Posted by

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I have an instagram account and a facebook account, i erased some old posts a few years back an they resurfaced..i reported it to instagram and facebook..no response so i went looking myself an found out about a lot of illegal things, they took over my phone an was watching an listening ..posting my text messages an photos ..an relateable posts that was geared towards me..

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