Earlier this week, Instagram asked a federal court to toss out a class action lawsuit that was filed by users that are upset about the company’s changes to the terms of service. The lawsuit was filed in December by an Instagram user that claimed Instagram breached contract.
Instagram changed their terms of service in December so that it could collaborate better with Facebook. Users were worried that their photos would be sold or used for ads without permission. Instagram co-founder Kevin Systrom changed around the wording of the terms of service following the backlash, but they kept language that indicated the company may not “always identify paid services, sponsored content, or commercial communications as such.”
Instagram also kept the wording that said they will have the ability to place ads related to user content. A new mandatory arbitration clause was added for users to waive their rights to participate in class action lawsuits under all circumstances effective January 19th.
The lawsuit was filed by law firm Finkelstein & Krinsk in San Diego. Finkelstein & Krinsk alleges that users forfeit the rights to photos that they have already uploaded to the service even if they delete their account. Instagram argued that plaintiff Lucy Funes has no right to bring her claim because she could have deleted her account before the changes in the terms of service went into effect. The changes were announced on December 17th. Funes filed the lawsuit on December 21, which is about a month after the new terms of service went into effect on January 19th.