UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ALEXIS HUNLEY; MATTHEW No. 22-15293 SCOTT BRAUER, Individually and On Behalf of All Others Similarly D.C. No. 3:21-cv- Situated, 03778-CRB Plaintiffs-Appellants, v. OPINION INSTAGRAM, LLC,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted February 6, 2023 San Francisco, California

Filed July 17, 2023

Before: Jay S. Bybee and Patrick J. Bumatay, Circuit Judges, and Richard D. Bennett, * District Judge.

Opinion by Judge Bybee * The Honorable Richard D. Bennett, United States District Judge for the District of Maryland, sitting by designation. 2 HUNLEY V. INSTAGRAM, LLC

SUMMARY **

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The panel affirmed the district court’s dismissal of an acti