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submitted 9 months ago* (last edited 9 months ago) by DaleGribble88@programming.dev to c/technology@lemmy.world

See title - very frustrating. There is no way to continue to use the TV without agreeing to the terms. I couldn't use different inputs, or even go to settings from the home screen and disconnect from the internet to disable their services. If I don't agree to their terms, then I don't get access to their new products. That sucks, but fine - I don't use their services except for the TV itself, and honestly, I'd rather by a dumb TV with a streaming box anyway, but I can't find those anymore.

Anyway, the new terms are about waiving your right to a class action lawsuit. It's weird to me because I'd never considered filing a class action lawsuit against Roku until this. They shouldn't be able to hold my physical device hostage until I agree to new terms that I didn't agree at the time of purchase or initial setup.

I wish Roku TVs weren't cheap walmart brand sh*t. Someone with some actual money might sue them and sort this out...

EDIT: Shout out to @testfactor@lemmy.world for recommending the brand "Sceptre" when buying my next (dumb) TV.

EDIT2: Shout out to @0110010001100010@lemmy.world for recommending LG smart TVs as a dumb-TV stand in. They apparently do require an agreement at startup, which is certainly NOT ideal, but the setup can be completed without an internet connection and it remembers input selection on powerup. So, once you have it setup, you're good to rock and roll.

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[-] ofcourse@lemmy.ml 224 points 9 months ago

I reached out to Roku support regarding this. The rep told me “why are you complaining. You are the only one.” He then disconnected the chat. I’ve reached out to my state’s AG to report this. No action so far but waiting. If there are enough complaints, that might help move the needle.

What Roku is doing should be completely illegal - bricking the product after purchasing it for full price if you don’t agree to waiving your rights.

[-] FenrirIII@lemmy.world 92 points 9 months ago

Sounds like a class action lawsuit to me.

[-] jkrtn@lemmy.ml 79 points 9 months ago

Sue them in small claims for the price of the device.

[-] WetBeardHairs@lemmy.ml 34 points 9 months ago

Sounds like a good way to get a new tv and move away from roku. They're really piling on the ads lately and making their os really slow.

[-] FlavoredButtHair@lemmy.world 16 points 9 months ago

Damn, had no idea roku chat could be that useless.

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[-] grue@lemmy.world 164 points 9 months ago* (last edited 9 months ago)

Report Roku to the FBI for violating the Computer Fraud and Abuse Act by hacking into and sabotaging your property.

That's a sincere suggestion, by the way. This shit should literally be a crime.

[-] NateNate60@lemmy.world 19 points 9 months ago

Don't do this. This just creates more work for the FBI and you know that report is going straight into the rubbish bin. That is just wasting public resources.

[-] grue@lemmy.world 68 points 9 months ago

you know that report is going straight into the rubbish bin.

In that case, you should additionally complain to your Congressperson that the FBI isn't doing their goddamn job.

[-] NateNate60@lemmy.world 17 points 9 months ago

No, what's more productive is writing that this should be a crime. It's currently not.

If you think otherwise, let's pretend you're a prosecutor. Which offence do you accuse them of committing (use a legal citation to refer to a specific section), list out each of the elements of that offence and explain why you believe each of them is satisfied.

[-] barsoap@lemm.ee 14 points 9 months ago* (last edited 9 months ago)

No, what’s more productive is writing that this should be a crime. It’s currently not.

It's at the very least coercion by ways of property damage, at least in sane legal systems.

Also it's generally not the job of citizens to figure out which paragraph exactly to throw at an accused, that's what police and prosecutors are for.

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[-] vodkasolution@feddit.it 70 points 9 months ago

I suppose you're in the US so I don't know if my answer fits but if the terms are against the law they are simply void: as in if you have a reason for a class action, no terms or contract can take it away from you

[-] orclev@lemmy.world 48 points 9 months ago

Most likely the terms say that you agree to go through individual binding arbitration rather than a lawsuit which the courts have found to be legal and enforceable. It's really shitty and has become corporations favorite weapon to use against people, particularly because the arbitration companies are usually fairly friendly towards whatever corporation is being challenged. Contractually mandated arbitration really needs to be invalidated. Arbitration is a fine alternative if both parties want to go that route but it should never be forced on someone, particularly because of some bullshit EULA.

[-] CheeseNoodle@lemmy.world 35 points 9 months ago

afaik even those terms would be unenforcable if you can only see the TOS after buying the product, which would be the case here.

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[-] Mic_Check_One_Two@reddthat.com 12 points 9 months ago

the arbitration companies are usually ~~fairly friendly towards whatever corporation is being challenged~~ being paid directly by the company they’re arbitrating for, and therefore have a direct financial incentive to rule in favor of the corporation.

FTFY. It’s way worse than just “being friendly” with corps. They’re on the corps’ payroll (indirectly, because the corp is paying for the arbitration,) and they know that if they continue to rule in the corps’ favor then the corp will continue calling them for future arbitration. There’s a tacit understanding between the arbiter and corporation, where if the arbiter favors the plaintiff then the arbiter won’t get called when the corporation goes to arbitration the next time.

[-] The_Lurker@lemmy.world 17 points 9 months ago

This is an adhesion contract (no counteroffer or ability to negotiate terms, and it was made unilaterally) and probably will not stand up to a challenge in court. Of course, someone would actually have to sue / afford to sue. https://www.law.cornell.edu/wex/adhesion_contract_(contract_of_adhesion)

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[-] NutWrench@lemmy.world 69 points 9 months ago

One of the reasons so-called "smart" TVs are so much cheaper is because they are data-mining you.

[-] Patches@sh.itjust.works 16 points 9 months ago

Where can I buy a non smart TV? I don't see any available for purchase.

Also weird that you think they are cheaper when that doesn't work for anything else. Phones certainly don't get cheaper. It's just extra profit.

[-] Rodeo@lemmy.ca 18 points 9 months ago

Dumb TVs are called "digital signage" now.

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[-] atrielienz@lemmy.world 11 points 9 months ago* (last edited 9 months ago)

Only if you connect them to the Internet. I've got an LG TV and I have never connected it to a network. But yeah, most of the Roku style TV's are like that from what I can tell. They offer streaming services natively to entice people to connect them. TBH Samsung has been doing this for like decades.

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[-] ShaggySnacks@lemmy.myserv.one 65 points 9 months ago

Anyone else getting radicalized because of this?

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[-] Ottomateeverything@lemmy.world 65 points 9 months ago

IANAL, and not that it really makes this bullshit any better but...

It's unlikely that agreeing to terms of service that claim you waive rights to any class action lawsuit would actually hold up as legally binding in court. Many of these agreements aren't reply binding are already legally gray... Plus, universally vaguely signing your legal rights away in any contract doesn't hold any water either.

I highly doubt you'd actually lose any rights to a check box that's bound to "you can't ever sue us".

[-] DaleGribble88@programming.dev 25 points 9 months ago

IANAL either, but I'm pretty sure you are correct. I put it in another comment somewhere, but I'm more upset about not being given a choice to refuse the change rather than the actual change itself. I don't mind signing the waiver at amusement parks, or to buy a car with no warranty. I just want to know what I'm agreeing to, and I don't like folks pulling the rug out from under me or changing the deal.

The situation feels like if I were to drop out of college, I would be given electroshocks until I'd forgotten anything learned in class.

[-] Excrubulent@slrpnk.net 16 points 9 months ago* (last edited 9 months ago)

IANAL either, but from my understanding of contract law, not only are terms waiving your rights not legal, a contract necessarily entails mutual agreement followed by an exchange of a thing of value. In this case, they are holding a thing that you own (which they made and designed to work in this manner no less) hostage until you agree.

I don't think that counts as an "exchange of a thing of value". There's no exchange there, so it doesn't even qualify as a contract. Even if they're supposedly adding features along with the update, if you didn't agree to the features being added then that can't be considered forming a contract either. Also it's not free agreement on your part, so it fails on a number of levels.

In fact this behaviour sounds like it's arguably illegal to me. It could even be the subject of a class action lawsuit. I imagine the courts would be especially unfavourable to the idea that they were doing this specifically to ask you to waive your right to do so.

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[-] Gmork@lemmy.ml 49 points 9 months ago

Yep. I got hit with this this morning when I turned on my TV before heading work.

I thought to myself ''Well... I hadn't planned on suing you but now I'm not so sure. Lol''

Yeah. This is complete BS and has me looking at computer monitors for a suitable replacement. I went ahead and agreed to their terms and my TV still works great but when it comes time to replace it, I'll be damned if I get another Smart TV.

[-] Aarrodri@lemmy.world 48 points 9 months ago

Send this to leuis rossmann.

[-] neomachino@lemmy.world 38 points 9 months ago

I don't see how this could be legal at all and how any of those terms could be applicable. My 2 year old found the remote today and he loves buttons, so naturally he pushed every button on there. I thought nothing of it but saw something pop up and then disappear, I assumed it was an error or something from the button mashing, but I guess my 2 year old agreed to rokus new TOS.

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[-] recapitated@lemmy.world 34 points 9 months ago

I would like to see legislation that forces optional recalls or refunds whenever TOS updates modify the usability and viability of a product.

[-] Corkyskog@sh.itjust.works 13 points 9 months ago

Honestly I feel like the real reason they are working everyone down to the bone is so they don't have time to go to small claims court. If everyone did that individually these companies would die so quickly.

[-] LazaroFilm@lemmy.world 29 points 9 months ago
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[-] dumpsterlid@lemmy.world 29 points 9 months ago* (last edited 9 months ago)

I like everyone saying “but this is surely illegal!” as if these corporations actually care. At least in the US, it really doesn’t matter what the law says at this point.

Corporations will do what they want and the law will be modified to reflect that, this is the current status quo and it is going to take significant political action (specifically making rich people afraid again to piss the rest of us off too much) to make it change.

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[-] Ghostalmedia@lemmy.world 29 points 9 months ago

That sucks, but fine - I don't use their services except for the TV itself, and honestly, I'd rather by a dumb TV with a streaming box anyway, but I can't find those anymore.

Search for monitors, not televisions. For example, you can get an 48in and 55in OLEDs dumb monitors with multiple HDMI inputs.

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[-] muculent@lemmy.world 23 points 9 months ago

Take a brick to Roku until it agrees to your terms.

[-] cyborganism@lemmy.ca 20 points 9 months ago

Is there a factory reset button on it? Maybe you might be able to reset the TV and never connect it to the WiFi?

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[-] Varyk@sh.itjust.works 20 points 9 months ago

I just stick with computer monitors these days.

"Smart" TVs are f****** ridiculous now.

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[-] aesthelete@lemmy.world 19 points 9 months ago* (last edited 9 months ago)

Mac address ban the TV from your network and it should work but will no longer have Internet access. I just did this locally and it worked for the one, have to go out but will do it on the other one as well.

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[-] theangryseal@lemmy.world 18 points 9 months ago

I have a dumb 4k tv. It’s cheap, it won’t meet everyone’s needs, but I really really really don’t want a smart tv.

It’s a Sceptre. Cheap enough that if it breaks it won’t break your heart to replace it.

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[-] Quadhammer@lemmy.world 15 points 9 months ago

Ive got a TOS for them:

SECTION I

a. This contract expressly and to the fullest extent of the law binds that I did not read, nor am I bound to the terms and agreement laid out in any agreement that I agreed to. Any financial gains are automatically won by me in arbitration and any losses acrued are paid for by the Company to me with interest. Here is a vague copy/paste of about 9 more incoherent paragraphs full of "legal jargon" that never really state any clear purpose or definition of services rendered.

....

SECTION IX.

a. BY READING OR NOT READING THIS NOTICE COMPANY ASSUMES AND ACCEPTS ANY AND ALL FINANCIAL LIABILITY THEREIN. COMPANY AGREES TO PAY ME $75,000 FOR EDITING THIS CONTRACT (STANDARD GOING RATE PER DAY) PER DAY EFFECTIVE FOR 3 DAYS MAXIMUM TOTALING $225,000 PLUS TAXES AND INTEREST PAID.

b. COMPANY HAS UP TO 5 DAYS TO RESPOND TO AND DISPUTE THIS CONTRACT(They can't. It is legally and eternally binding). THANKS FOR THE MONEY NERDS

[-] blusterydayve26@midwest.social 14 points 9 months ago

Did the old device agreement allow them to brick it until you agreed to the new agreement? If not, I say file that class action.

[-] ShittyBeatlesFCPres@lemmy.world 13 points 9 months ago

People might not like this suggestion but I got an AppleTV when my Roku TV started showing ads. Like everything with Apple, it cost money but at least there’s no fucking ads. (I have a Raspberry Pi running Kodi for my “DVD rips” but for streaming services, the Apple TV is great. It’s got HDR and Dolby support and they don’t fuck up the user experience on purpose. I know it’s making a deal with the devil but it does just work. I usually am a DIY person but when I sit down to watch TV, I just want to relax.)

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[-] Mr_Dr_Oink@lemmy.world 13 points 9 months ago
[-] nullPointer@programming.dev 12 points 9 months ago

use the search terms "commercial display" to find dumb tvs

[-] pixelscience@lemm.ee 14 points 9 months ago

Except if you care about anything having to do with picture quality, brightness, contrast ratio or features such as HDR etc, then it's going to be a really shitty TV. They're made for the menus at McDonald's, not a device for modern media.

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[-] bostonbananarama@lemmy.world 12 points 9 months ago

Anyway, the new terms are about waiving your right to a class action lawsuit. It's weird to me because I'd never considered filing a class action lawsuit against Roku until this. I wish Roku TVs weren't cheap walmart brand sh*t. Someone with some actual money might sue them and sort this out...

The good thing about class action lawsuits is that you don't need money. The law firms are just about the only ones that get paid. If you pay attention to class action settlements it's often something like $3m in attorneys fees, $5,000 to the named plaintiffs, and then a 3 month subscription to the companies own service or a refund of out of pocket expenses, during a specified period, not to exceed $150 per person.

Long story short, firms are more than happy to take on a class action that can be won, but you won't get much.

[-] tomkatt@lemmy.world 11 points 9 months ago

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.

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this post was submitted on 03 Mar 2024
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