This week, Roku users across the country turned on their TVs to find an unpleasant surprise: The company required them to agree to an arbitration agreement in order to access their devices. These devices cannot be used without user consent.
Users (at least this one) received an email the day before stating, “We have made changes to our Dispute Resolution Terms, which describe how to resolve disputes with Roku. We encourage you to read the updated Dispute Resolution Terms.” By continuing to use our products or services, you agree to these updated terms.”
Of course, the “update” is a mandatory arbitration agreement that prevents users from suing or participating in lawsuits against Roku. This way of limiting liability is common today, but the user often has little recourse. They only find out when a company does something outrageous and the consequences are negligible. Tech companies love to use this dirty trick to save millions of dollars!
I tried to opt out of these terms where possible, and after reading the terms (which of course I had agreed to by “continuing to use” my TV), I discovered that you can only do so by mailing a written notice to their attorney Do this – something I totally wanted to do today.
But yesterday I turned on the TV and saw the notification again, as did countless others (some of whom had seen it days before), who were quick to complain on the forums. I accidentally agreed (again… I thought), pressed the star button and returned, intending to look for a way out through this button, but there was none. If you don’t agree to the new terms, you won’t be able to access the device.
For those of you who want to watch a new episode of Shogun, here it is (so far great):
Image Source: Roku Forum/AJCxZ0
This is from forum user AJCxZ0, hope you don’t mind. I agree with your assessment of this, namely “enshitification”.
But this is not unusual. After all, we are constantly using apps and games that provide us with new EULAs and terms and conditions. I probably ignored a dozen of them and exposed myself to untold danger. But it’s really pretty mean-spirited to completely disable a user’s device before consenting, and basically treat anything the user does as consent. Many phones, apps and services allow you to continue using them for a certain period of time or limit your use of the current version until you agree.
Unfortunately, that’s not the case here. As of now, I am bound by this new agreement. I’ll still opt out, and you should too – but you’ll have to act fast. You can only do this within 30 days of the new terms taking effect. So grab a pen and paper and jot down the following message:
- Name of person opting out
- Contact information (may be address and phone number)
- Email used to register for a Roku account (if applicable)
- The “problematic” product model, software or service – for example, the model of your TV or streaming stick. Roku operating systems may also be listed.
- If you have a receipt you can include it, but it’s obviously not necessary
Even though they already have it. Put it in an envelope and send it to…
- Stephen Kay, General Counsel, Roku, Inc.
1701 Union Court, Room 100
San Jose, CA 95112
Thanks in advance, Stephen. Although in retrospect, I, and every user of your services, would have preferred a straightforward electronic opt-out over this dishonest tactic of adding friction and further forcing the adoption of these terms.
Don’t delay, or you won’t be able to get in on the action when people sue over how they hijacked their devices to force them to comply with dispute resolution terms that are unfavorable to consumers. Only the 35 or so of us with pens, paper, and envelopes at hand could benefit.
I asked Roku to comment on the matter and will update this article if I hear back.
