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
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It should be illegal to make some give up the right to litigation.
Sections 1(F) and 1(L) seem like the only ways out/around of this. (IANAL; the bolding emphasis was done by me.)
F. Small Claims. You or Roku may pursue any Claim, except IP Claims, in a small-claims court instead of through arbitration if (i) the Claim meets the jurisdictional requirements of the small claims court and (ii) the small claims court does not permit class or similar representative actions or relief.
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.
Any lawyers out there who can speak towards the three bolded parts?
The real question is what is Roku doing that might necessitate a jury trial in the first place.
The answer is spying and selling all your data to advertisers. Using ACR they can tell everything passing through that box and display adverts accordingly. Just what you want when watching a DVD.
At least in Australia, Consumer Law means you have grounds to walk the TV back for a full refund.
The bigger thing here is no class arbitration or other representative proceeding. A lot of law firms do arbitration now against companies either with class arbitration or just thousands of individual arbitrations filed en masse. I wonder if this protects them from even the latter approach? It would be shitty if it forced you to do all the legwork on the arbitration yourself.
In any case I get this is happening now and why it's such a huge ultimatum is they know they're about to get hit with a ton of Video Privacy Protection Act suits. Turns out in the late 80s the US made video service providers that share video watching/rental/purchase history open to actual damages of $2500. So in the last year or two a ton of law firms have started filing class actions and arbitrations against all the streaming services and platforms.
Recommendations to purchase a smart TV but never connect it to a network are futile, as well. Just like Amazon devices, smart TVs will find an open SSID and then phone home for updates without your knowledge.
My recommendation, when these kind of topics come up, is: either exchange your smart TV for a dumb one, or go to an electronics repair shop to have a board or two exchanged (depending on the make and model, older dumb components may be direct-ish replacements for smart ones).
EDIT: Another option? Try a projector! I was looking for dumb TV options online after writing up this comment, and someone on an old Reddit post recommended it. Great idea.
2nd EDIT: Someone else also recommended buying digital signage, another solid dumb display option.
If I ever have a device connecting to open networks by itself I'm snipping its wifi antenna
My Roku TV's been reset to factory and not allowed on the internet for a few years now. It's a TV. It displays shit that I give it over HDMI. If you desire more than that you're part of the problem. I work in IT and that's why my home has physical locks, a 30 year old thermostat, and cameras I own with recordings on a DVR I own.
Never allow internet access to unrooted devices. My TVs are airgapped.
I just posted about this in another community. I'll just include the link below so I don't double post.