(Image source: VentureBeat ) BY JASMINE BAILEY Instagram is getting a surprise on Christmas, and it’s a class action lawsuit. That might be worse than a lump of coal. CNN reports the lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, was in response to Instagram’s change of terms and services, which hasn’t exactly been popular with users since last week’s announcement. “Now, this all started after Instagram, which Facebook bought for $715 million, suggested it would now have the right to sell your photos for use in ads without compensation.” According to Betabeat , the plaintiffs also claim: “If customers do not agree with Defendant’s scheme, they can cancel their profile with Instagram. However, upon canceling, customers forfeit all right to retrieve the Property that was previously entrusted to Instagram ... In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us.’” Reuters reports Instagram replied by saying it will fight the claim vigorously. And according to TechCrunch , the company also... Almost immediately changed some of the wording in the terms of services but still kept language indicating “that we may not always identify paid services, sponsored content, or commercial communications as such.” Instagram also kept wording that gives it the ability to place ads related to user content, as well as a mandatory arbitration clause that means “users waive their rights to participate in class action lawsuits under almost all circumstances .” This current lawsuit comes before the new terms and service policy begins on January 19. HLN points out that maybe this lawsuit will set a precedent for other social media sites— setting clear boundaries on how far is too far, saying the company... “May have invariantly set a standard by going too far. Basically people were so upset about the picture site that they revolted. So maybe we’ve got a line now on what’s ok and what’s not.”