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Instagram: Class Action Lawsuit Filed in Breach of Contract by Lucy Funes

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Class action law suit filed against Instagram for breach of contract and other misdeeds. The social media photo-sharing site was used by reality TV star Kendall and Kylie Jenner who posted their Christmas gifts: Celine bags, Balenciaga boots and a pair of Christian Loubouin shoes, now their picture can be used as advertising without permission. 

Instagram recenlty got into trouble when the social media photo-sharing site changed their terms of service. The $1 billion dollar company purchased by Facebook recieved a class action lawsuit as a result of their recent ad-focused changes. 

Users took to social media twitter and facebook to post their dissatisfaction with the policy changes resulting in co-founder Kevin Systorm to respond to complaints on his blog post: "There was confusion and real concern about what our possible advertising products could look like and how they would work," adding, "Because of the feedback we have heard from you, we are reverting this advertising section to the original version that has been in effect since we launched."

Many users were shocked by the changes in Instagrams terms of service, which would allow advertisers to use photos, likeness and user names to promote and sponsored content. Instagram users would not be compensated if their photos were used. The original user agreement stated "business or other entity may pay us to display your user name, likeness, photos and/or actions you take, in connection with paid or sponsored content or promotions."

A class action suit was filed on Friday, in U.S. District Court in San Francisco by Instagram user Lucy Funes, according to Reuters. The suit states  "Instagram's unreasonable change of Terms accordingly violated the implied covenant of good faith and fair dealing inherent in Instagram's current Terms," the suit said. Funes sought a jury trial and recompense for the alleged breach of service terms."

Facebook which owns Instagram app, denounced the suit stating "We believe this complaint is without merit and we will fight it vigorously," in a news statement. 

Service changes are suppose to go into effect January 16, 2013. 

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