Judge throws out lawsuit filed against Instagram ToS tweaks
The judge did not even hear the case, throwing out the lawsuit on "procedural grounds"
Remember the major furore that erupted back in December 2012, when Instagram changed its terms of service? (Read here). It seems like the last chapter of that saga has ended without as much as even a minor blaze, with the judge in San Francisco throwing out the class action lawsuit filing, on “procedural grounds”. US District Judge William Alsup said that the complainant, Lucy Rodriguez, could not proceed with a class action against Instagram for its decision to change its terms of service, because all plaintiffs need to suffer a common injury.
The facts of the case were never heard. This particular lawsuit was filed after Instagram changed its terms of service back in December 2012, which led to mass fear that user’s pictures could be used by Instagram for advertising and other monetary gains, without needing permission from the person who uploaded the picture in the first place. Instagram CEO Kevin Systrom had apologized for the changes back then, and even rolled back the clauses that were causing the fear. However, the company also added a mandatory arbitrary clause in the ToS, preventing any future class action lawsuits from being filed against the service.
It was after the new ToS went Live that lots of users threatened to quit Instagram, but that never really materialized. Call it fizzling out, or call it a matter of habit to upload every single food picture on Instagram!
This verdict does not mean that the plaintiffs cannot try their luck in a state court, if they so wish.
Lawsuit Dismissed: Read Here