This week, Roku users across the country discovered an unpleasant surprise when they turned on their TVs. The company required you to agree to an arbitration agreement 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, this “update” is a mandatory arbitration agreement that prevents users from filing or participating in lawsuits 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.
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.
But yesterday I turned on the TV and saw this notification again. Countless people (some of whom saw it a few days ago) also immediately took to the forums to complain. 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.
For those looking to watch a new episode of Shogun, here's what it looks like (so far so great):
Image credit: Roku Forums/AJCxZ0
Posted by forum user AJCxZ0. please do not worry. I agree with your assessment of this as “encitization.”
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. So, grab a pen and paper and write down the following information.
The name of the person opting out Contact information (possibly an address and phone number) The email used to register for a Roku account (if applicable) The product model, software, or service “in question”—for example, a television or Streaming stick model number. 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.
We've asked Roku for comment on this story and will update this post if we hear back.