Instagram’s New Arbitration Clause & How to Opt Out

In addition to many other controversial changes in Instagram’s updated terms of service agreement, there is also a new arbitration clause that involves waiving the right to a class-action lawsuit. The TOS goes into effect on Jan. 19, 2013. Fortunately, has you can opt-out by sending the following letter directly to Instagram stating your refusal to agree to arbitration.

UPDATE: If you would like PublikDemand to complete the Instagram Arbitration Clause Opt-Out procedure for you, fill out this form.

To do so, copy, fill out, and send in the below information to the address listed:

[DATE]

Instagram, LLC
ATTN: Arbitration Opt-out
1601 Willow Rd. Menlo Park, CA 94025
Re: Opt-out Notice

To Whom It May Concern:

I do not agree to the Agreement to Arbitrate. By this letter, I am opting out of the Agreement to Arbitrate, including the prohibition on class actions, as authorized by the Instagram Terms of Use effective January 19, 2013. This opt-out applies to the following Instagram accounts:

Email(s):
[list the email address(es) associated with your Instagram account(s)]

Sincerely,

[sign here]

[YOUR NAME]
[YOUR ADDRESS]
[YOUR TELEPHONE NUMBER]

Current Instagram users have 30 days after Jan. 19 to send the letter and new, post-Jan. 19 users have 30 days after they sign up.

If users do not opt out of the clause, they may still take Instagram to small claims court, but can only bring claims on their own behalf. Even if a state attorney general files a case against Instagram that may result in user settlements, nothing is received unless the opt-out letter is sent.

Download a free template of the opt-out letter in Word format here.

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