Roku will disable TVs and streaming devices until users agree to new terms

This week, Roku users across the country discovered an unpleasant surprise when they turned on their TVs. The company required you to agree to new dispute resolution terms in order to access your device. The device cannot be used until the user consents.
Users (or at least this user) received an email the day before stating, “We have made changes to our dispute resolution terms that explain how to resolve disputes with Roku.” We encourage you to read our current Dispute Resolution Terms. By continuing to use our products or services, you agree to these updated terms. ”
Of course, the terms include a mandatory arbitration agreement that prevents you from filing or participating in a lawsuit against Roku. This is a common way of limiting liability these days and often leaves you with little or no remedies. Only later do we realize that a company has done something heinous and the consequences are negligible. Tech companies love this dirty trick that saves them millions of dollars.
But what’s actually new when you read the clause closely is the whole “informal dispute resolution” section. This means that anyone with a legal complaint must first consult a Roku lawyer, who after conducting an “interview” will undoubtedly be generous and thoughtful and “propose a fair, fact-based solution.” will be carried out. So they added pre-arbitration arbitrators to further distance legal threats from taking effect. This change actually happened last fall, but it only recently went into effect, and now, a few weeks later, users are being notified this way.
I try to opt out of these whenever I can, but after reading the terms and conditions (of course, I had already agreed to “keep using” the TV), I decided to mail a written notice to my attorney. I found out that you can only opt out by. That’s what I was totally planning on doing today. In reality, arbitration was already required, so this gives me an opportunity to opt out of something I didn’t even know I was already subject to.
But yesterday I turned on the TV and, like countless others (some of whom had seen it days before), saw that notification again. I immediately joined the forum and filed a complaint.. I pressed the star button and then went back and accidentally (again…I think) agreed and was going to look for an out, but there was nothing. You could not access your device unless you agreed to the new terms.
Interestingly, the term itself has not changed for a long time.every time it is updated
For those looking to watch a new episode of Shogun, here’s what it looks like (so far so great):
Image credits: Roku Forum/AJCxZ0
Posted by forum user AJCxZ0. please do not worry.
This is not that unusual. After all, we use apps and games that offer new EULAs and terms of service all the time. I probably ignored a dozen things here and exposed myself to untold danger. But there’s actually something pretty sneaky about completely disabling a user’s device until they consent, and basically making everything they do assume consent. Many phones, apps, and services allow you to continue using them for a while or limit you to the current version until you agree.
Unfortunately, that’s not the case here. As of now, I am bound by this new contract. I’m still going to opt out, and you should too, but you need to act fast. You may only do so within 30 days of the new terms becoming effective. It could be the date the notice was received, but it could also be March 20th, which is 30 days after February 20th, when it nominally (and silently) took effect. So, grab a pen and paper and write down the following information.
- Name of person opting out
- Contact information (possibly address and phone number)
- The email used to register your Roku account (if applicable)
- The “in question” product model, software, or service — for example, the model number of your TV or streaming stick. Roku OS may also appear on the list.
- If you have a receipt, you may include it, but it is not required.
Even though you already have it. I’ll put it in an envelope and send it…
- Stephen Kay, General Counsel, Roku, Inc.
1701 Junction Court, Suite 100
San Jose, California 95112
Best regards, Stephen. But in retrospect, I, and literally every user of your service, would rather have a simple electronic opt-out than this dishonest ploy that increases friction and further forces adoption of these terms. It would have been.
Don’t procrastinate. Otherwise, you won’t be able to join in the fun when people sue you for holding their devices hostage to force adversarial dispute resolution terms on consumers. Only the 35 or so people who still have pens, paper, and envelopes within reach will benefit.
update: It was my mistake. Arbitration terms had already been established, but informal dispute resolution terms had not. But in reality, users cannot access their devices until they agree to the terms, which quietly went into effect two weeks ago. I’ve updated the entire post to reflect this.
Roque declined to provide a statement on the record, but noted that arbitration is already a condition. I’ve asked some follow-up questions and will update again if I receive a response.
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