Facebook To “Vigorously” Defend Instagram Against Suit Over Terms Of Service

If you wondered whether Instagram’s apology and revised new terms of service mollified all of the user anger out there, the answer is no. And at least one user, San Diego resident Lucy Funes, and her attorneys have filed suit, seeking class action status for their complaint.

The lawsuit, filed in the U.S. District Court for the Northern District of California, makes various claims related to Instagram’s planned changes to its terms of service, now set to go into effect in mid-January.

The complaint claims Instagram’s unilateral changing of the contract between itself and its users violates “the implied covenant of good faith and fair dealing” and constitutes unfair business practices. And, although Instagram has said it has no intentions of selling user’s photos or using them in advertisements, the suit alleges that the revised language of the terms wouldn’t actually prevent them from doing so.

The suit calls for some of Instagram’s planned changes to be prevented from taking effect, and asks that the terms be re-written to guarantee users their ownership and other rights.

Facebook, which owns Instagram, wouldn’t comment on any of the specific allegations but a spokesperson released a statement saying, “We believe this complaint is without merit and we will fight it vigorously.”

The controversy over Instagram’s planned changes in its terms of service erupted last week, after many who viewed them claimed that they would give the company too-broad control over user photos and other content.

About The Author

Pamela Parker

Pamela Parker is Research Director at Third Door Media's Content Studio, where she produces MarTech Intelligence Reports and other in-depth content for digital marketers in conjunction with Search Engine Land and MarTech. Prior to taking on this role at TDM, she served as Content Manager, Senior Editor and Executive Features Editor. Parker is a well-respected authority on digital marketing, having reported and written on the subject since its beginning. She's a former managing editor of ClickZ and has also worked on the business side helping independent publishers monetize their sites at Federated Media Publishing. Parker earned a master's degree in journalism from Columbia University.