Yesterday I was at Best Buy getting a new phone when the subject of Instagram came up. The customer sitting next to me said that a photo of her cousin, who is a dancer for the Knicks, had been used by Instagram for advertising without her permission. The cousin was upset and afraid that the usage would get her in trouble at work. In addition to TOS, what became of a model release? I told the lady about the class action suit and told her to pass the info along to her cousin.