Asked in Consumer Law and Civil Litigation for California

Q: Compensatory and Punitive damages suits

I joined Instagram to support an account that rescues stray cats. So I only followed 3 or 4 very close friends and a few stray cat rescue accounts. Since then, the number of people following my account has continued to grow, but I haven't follow them back because 'following' someone on Instagram is not the purpose. But Instagram started pressuring me to “follow” me via messages.

“*** and 57 other people are following you, but you are not following them back."

"This account follows you, but you don't follow this account"

Instagram kept counting the accounts I followed because I didn't follow them and kept sending me messages forcing me to follow them.

Instagram kept sending messages pressuring me to follow them back, however, it failed to add a disclaimer like “This message is not meant to be compulsory.”

The messages they sent me created a 'result' that resulted in 'following' the account they recommended, which led to 'SNS scam'. I gathered the evidence.

3 Lawyer Answers

A: It doesn’t sound like your question pertains to any legal matter. Compensatory damages for what legal injury. Punitive damages for what malicious, fraudulent, or grossly negligent conduct by who.

Leon Bayer agrees with this answer

Adam Stoddard
Adam Stoddard
  • Santa Clara, CA
  • Licensed in California

A: I have Instagram and it often suggests people for me to follow, etc.; however, it is obviously the users choice to choose to follow back or not. I personally do not see a lawsuit here since ultimately you were the one who choose to follow other people, you clicked the button, etc. I am not sure what "SNS scam" even means. Are you refering to "SMS scam", like a text message scam? Also, how were you damages?

Yelena Gurevich and Leon Bayer agree with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you have provided, it is unclear what legal action you are considering. However, if you are considering a lawsuit for compensatory and punitive damages, you would need to show that you suffered harm or damages as a result of Instagram's actions. You would also need to demonstrate that Instagram acted wrongfully or negligently and that their actions caused your damages.

In general, compensatory damages are meant to compensate the plaintiff for the harm or losses they suffered, while punitive damages are meant to punish the defendant for their wrongful actions and deter them from engaging in similar conduct in the future. To determine the specific damages you may be entitled to, you may want to consult with a lawyer who specializes in this area of law.

1 user found this answer helpful

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