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Nothing says “Happy Holidays” like the gift of a class action lawsuit, and that is exactly what Instagram has found in its stocking this year.

Reuters is reporting that a proposed class action lawsuit was filed in California this past Friday for breach of contract in regards to the new Terms of Service (ToS) there were announced last week. The suit is being filed by on behalf of a Lucy Funes by San Diego-based law firm Finkelstein & Krinsk, and while it acknowledges that CEO Kevin Systrom did rollback some of the wording of the new ToS, that it simply wasn’t enough.

Pointed out in particular was new language in regards to what happens to your images should you cancel your account. As the filing points out, “customers forfeit all right to retrieve the Property that was previously entrusted to Instagram, which retains rights thereto in perpetuity,” to which the suit says ”In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us.’”

Not all class action lawsuits are allowed to move forward, in a statement issued to various press outlets by Facebook – the new owners of Instagram – the company states “We believe this complaint is without merit and we will fight it vigorously.” There is every chance that this will quickly fade away, but we’ll have to wait to hear what a court thinks about it. As the ToS is not yet set to take effect until mid-January, there is a lot of time for this to be worked out.

You can check out the whole filing for yourself below.

Instagram Lawsuit

Source Reuters