San Diego-based law firm Finkelstein & Krinsk have filed a complaint in San Francisco federal court on behalf of Instagam user Lucy Funes. The lawsuit alleges that the change in terms of service breach contract and California business law. Take a look at a quote from the complaint, embedded below:
If customers do not agree with Defendant's scheme, they can cancel their profile with Instagram. However, upon canceling, customers forfeit all right to retrieve the Property that was previously entrusted to Instagram, which retains rights thereto in perpetuity. In short, Instagram declares that 'possession is nine-tenths of the law and if you don't like it, you can't stop us.'
Instagram's current terms of service do not contain a class action liability shield, but the new terms of service do. This is the reasoning behind the lawsuit being filed now, instead of after mid-January when the new terms take effect. Of course, Facebook disagrees: "We believe this complaint is without merit and we will fight it vigorously."