1.  Instagram is a popular social media platform, wholly owned by Facebook, with  approximately one billion annual active users.   2.  Instagram’s focus as a social media platform is based on allowing users to share  photographs and videos with one another. Originally, users were only able to post photographs or  videos to their Instagram “Feed,” which is a permanent collection of users’ content that others can  interact with by viewing, commenting, or liking. In August 2016, Instagram launched “Stories,” a  feature where users can post photographs or videos that disappear from view within a 24-hour  period.   22.  Facebook which was founded in 2004 by Mark Zuckerberg, Eduardo Saverin, Dustin  Moskovitz, and Chris Hughes, first began as a new social media platform directed towards college  students. By the end of the following year, Facebook had amassed over six million users.    23.  In 2006, Facebook expanded its membership from college students to anyone over  the age of thirteen. Four years later, Facebook had not only surpassed “Myspace” as the most popular  and most visited, social media platform, but it had also accomplished the difficult task of having  over 400 million active users. To date, Facebook reports over 2.6 billion active users.    24.  Facebook’s rise to becoming the most popular social media platform in the United  States was no small feat. During the process, and to maintain its dominance in the market, Facebook  acquired several other social media platforms and other apps to boost its portfolio. Some of  Facebook’s most popular acquisitions have included “WhatsApp” and “Instagram.”   3.  As a social media platform that allows users to post photographs and videos,  Instagram has access to a user’s smartphone camera for the limited purpose of allowing users to  directly take a photograph or video and then post that content to its platform.    4.  Instagram claims to only access users’ smartphone cameras with user permission,  such as when a user is interacting with the Instagram application’s (also referred to as an “app”)  camera feature.   5.  For example, Instagram recently released a statement saying “[Instagram] only  access[es] your camera when you tell us to—for example, when you swipe from Feed to Camera.”  Instagram claims when its camera feature is not used, it does not access users’ smartphone cameras.1   82.  Plaintiff brings this action pursuant to Federal Rule of Civil Procedure 23  individually and on behalf of the following Class:   All Instagram users whose smartphone cameras were accessed by Instagram without  their consent from 2010 through the present (the “Class Period”).24    83.  Excluded from each Class are: (1) any Judge or Magistrate presiding over this action  and any members of their families; (2) Defendants, Defendants’ subsidiaries, parents, successors,  predecessors, and any entity in which Defendants or its parent has a controlling interest and their  current or former employees, officers, and directors; (3) persons who properly execute and file a  timely request for exclusion from the Class; (4) persons whose claims in this matter have been  finally adjudicated on the merits or otherwise released; (5) Plaintiff’s counsel and Defendants’  counsel; and (6) the legal representatives, successors, and assigns of any such excluded persons.   Common Law Invasion of Privacy – Intrusion Upon Seclusion  (On Behalf of Plaintiff and the Class)   The History of Facebook and Instagram  