Rodriguez v. Instagram, LLC

2013 WL 3732883 (2013)

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Rodriguez v. Instagram, LLC

United States Court of Appeals for the Northern District of California
2013 WL 3732883 (2013)

  • Written by Meagan Messina, JD

Facts

In December 2012, Instagram, LLC (defendant) announced that its terms of use would be modified, effective late January 2013. The new terms contained an arbitration agreement from which a user could opt out. The terms also added a California choice-of-law provision and instructions on how to deactivate an account. A plaintiff filed a complaint against Instagram, which Instagram moved to dismiss. The parties later stipulated to file a first amended complaint that would substitute California resident, Lucy Rodriguez (plaintiff), as plaintiff. Rodriguez sought to represent a class of California-resident plaintiffs. Instagram moved to dismiss on the grounds of the court’s lack of subject-matter jurisdiction and lack of an injury-in-fact under Article III. The court requested briefing on whether federal jurisdiction existed under the Class Action Fairness Act (CAFA). Rodriguez then sought to file another amended complaint seeking relief on behalf of a nationwide class and a California sub-class. Instagram opposed.

Rule of Law

Issue

Holding and Reasoning (Alsup, J.)

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