Time for a class action suite.

Smart TVs were supposed to be better than dumb TVs.

Now it's the complete opposite.

I think you're qualified for a full refund in most regions if you disagree with the new terms.

Send them a letter via registered mail stating that upon receipt of said letter they waive their right to waive your rights.

NOTHING SUSPICIOUS HERE. DO NOT FEAR. SIGN AWAY FUTURE LEGAL PROTECTION BECAUSE THERE IS NOTHING TO FEAR.

Just an FYI, although they aren't physical products like this Roku, many apps and digital services have added the very same binding arbitration clauses recently.

The McDonald's app for one. I ended up deleting the app after it tried to force me into binding arbitration and I didn't want to go through to opt-out process for marginally cheaper, shitty food, so I just deleted the app altogether and haven't eaten there since November.

Watch out for it if you drive for doordash or ubereats as well. I opted out of both, although they claimed you couldn't opt out in an new contract when you didn't before (a bunch of BS, if the current contract you are about to sign says it supercedes all others, you can't make the lack of an opt-out on a previous contract hold up).

On-going services might make sense for these shitty enough clauses, but to be strong armed into it for physical product you bought free and clear ... Disgusting.

It's like all these companies are locking themselves down to minimize legal exposure because they know that their services and products are getting more awful or something.

I do not think that this can be legal, if you have already agreed to terms.

Surely they can just say from now on, thing you have used for a year is not usable unless you promise not to sue us.

Surely that ship has sailed?

"My child, a minor, clicked agree when trying to use the TV I paid for. I have never seen this EULA."

Did you read it? That first paragraph’s last sentence refers you to the section which tells you how to opt out.

L. 30-Day Right to Opt Out. You have the right to opt out of arbitration by sending written notice of your decision to opt out to the following address by mail: General Counsel, Roku Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 within 30 days of you first becoming subject to these Dispute Resolution Terms. Such notice must include the name of each person opting out and contact information for each such person, the specific product models, software, or services used that are at issue, the email address that you used to set up your Roku account (if you have one), and, if applicable, a copy of your purchase receipt. For clarity, opt-out notices submitted via any method other than mail (including email) will not be effective. If you send timely written notice containing the required information in accordance with this Section 1(L), then neither party will be required to arbitrate the Claims between them.

If you own one of those and you're a US resident, contact your state attorney general.

I just got that on my Roku device and clicked through it without even realizing because it was the exact type of pop-up and position and timing as when it informs me that the micro SD card has successfully mounted, and it took my brain a second to register that 1) the pop-up was much larger, and 2) I briefly saw a word that looked like "arbitration"

How can this be a legally enforceable contract?! Especially considering if I didn't agree, my device that I've already paid for and have been using would cease functioning and they sure as hell aren't going to refund my purchase from years ago if I refuse

I got this yesterday, as well. There's no way this could hold up legally, right? Like my 7 year old could easily just click through that, no way this is a legally binding contract to forfeit jury rights and right to sue.

..right?

The fact that this is actually legal makes me glad to live in the EU. Damn, this shit is bleak.

Pretty sure EULAs are unenforcable in the US since nobody can reasonably be expected to read every single one of them for every one that they agree to.

What even the point of making laws and regulations if corporate can just force you to waive all your rights?

These are fun, Australians can’t waive any of their rights, including consumer rights and rights to access the courts.

Shit like this is why my LG C1 is restricted to LAN access only in my router (local network for automation purposes) and can't communicate with the internet.

Here in Brazil, EULAs (they are called adhesion contracts here) can only deal with the way service is provided and cannot limit consumer rights in any way. Even if the contract has these types of clauses, they are considered void by default.

These types of things never fly here.

Isn't this equivalent to those trucks that have "stay back 300 feet - not responsible for damage" signage, when in reality they are legally responsible if their load isn't secured?

I thought I linked to my blog post about it, but it just used the image

Roku’s Ultimatum: Surrender Jury Trial Rights or Lose Access to Your TVs

I wonder why Roku make you sign this agreement out of the blue. I think they're about to drop either an acquisition announcement, or news they were hacked.

I of course signed it like an idiot. I hate this cyberpunk present.

I'm really surprised about this. Amazon got called on their arbitration clause so much that they removed it because it was so expensive.

https://www.wsj.com/articles/amazon-faced-75-000-arbitration-demands-now-it-says-fine-sue-us-11622547000

Roku is practically asking for people to do the same to them. They could even do it about this clause, IMO. (I am not a lawyer.) This is a really dumb clause to have these days.

Once again, Stallman was right. (Also Corey Doctorow)

Smart TV's are stupid scams. I quit watching the big screens in 2018. My phone is larger, at the distance I am comfortable laying down, than the 72in screen on the wall in front of me right now in my family's living room. In the USA, without LUFS regulations, I'm not interested in watching any content embedded in corporate media advertising streams. (Tom Scott LUFS YT, Wikipedia: LUFS)

I am not a lawyer, but would such a contract be enforceable? To my untrained eye this has a lot of similarity to the unenforceable NDAs I keep on hearing about when people try to bully others into being quiet about crimes.

I've been saying in other threads; if it has an internet connection you don't own it, you use it with the parent companies permission