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Instragram Terms Of Use Class Action Lawsuit Complaint – Funes v. Instragram

Instragram Users File Class Action Lawsuit Complaint Against Instragram Over Changes In Instagram’s Terms Of Use.

A consumer class action lawsuit complaint has reportedly been filed against Instragram, Inc. and Instagram, LLC (“Instragram” or “Defendants”) in the United States District Court for the Northern District of California (styled Lucy Funes v. Instragram, Inc. and Instagram, LLC, Class Action Case No. 12-cv-6482)) alleging, among other things, that Instragram, a web-based photograph sharing platform, changed its Terms of Use to transfer to Instragram an irrevocable transferrable and sub-licensable license to the entirety of each Instragram customer’s intellectual property and personality, including their likeness and artistic content (the “Property”) while limiting Instragram’s liability via a damages disclaimer, a no class action arbitration clause, and a one year statute of limitations period, according to the Instragram Terms of Use class action lawsuit complaint.

Who Is Included As A Proposed Class Member In The Instragram Terms of Use Class Action Lawsuit?

The Instragtram Terms of Use class action complaint reportedly is brought on behalf of a class consisting of all natural persons who, while residents of the State of California, maintain an active Instragram account subject to Instragram’s Terms in effect prior to January 19, 2012, containing at least one photograph of the owner of the account.  Not included in the proposed Instragtram Class are governmental entities, Defendants and those related to them and any judges that may preside over the Instragtram lawsuit.

What Legal Claims Does The Instragram Terms Of Use Class Action Lawsuit Complaint Assert?

The Instragram Terms of Use class action lawsuit complaint reportedly asserts claims for alleged violations of California Civil Code section 3355 and California Business and Professions Code section 17200, breach of contract and breach of bailmant, and declaratory relief under 28 USC section 2201.

What Relief Does the Instagram Terms of Use Class Action Lawsuit Seek? 

The Instragram class action lawsuit complaint reportedly seeks an order certifying the case as a class action under Rule 23, injunctive relief, declaratory and equitable relief related to Instragram’s Terms of Use, and an award of attorneys fees and costs of suit.

Who Is Involved In The Instragram Class Action Lawsuit?

The Plaintiff & Proposed Class Representative: The Plaintiff who filed the Instagram class action complaint and who seeks to be appointed as Class Representative of the putative Class is Lucy Funes.

The Defendants: The companies who Plaintiffs sued are  Instragram, Inc. and Instagram, LLC.

The Plaintiff’s Counsel:  The attorneys or lawyers for the Plaintiff and the proposed Class are Jeffrey R. Krinsk and Mark Knutson of the law firm Finkelstein & Krinsk LLP.

The Court: The Courthouse is the United States District Court for the Northern District of California in San Francisco, California.

The Judge: The Judge assigned to the Instragram Terms of Use case is Magistrate Judge Nathanael M.Cousins.

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