Let’s be clear: Forced arbitration isn’t a new thing; it’s mostly probably contained in other terms and conditions that you’ve agreed to with other companies.
What is new is that the terms now require anyone with a grievance against Roku to take it to Roku’s lawyers first so that they hold a “Meet-and-Confer” call before coming to what Roku says will be a “fair, fact-based offer of resolution.” Maybe Roku’s lawyers will be perfectly fair and understanding and do what their conscience tells them is right; I would hate to think otherwise of them. Ahem.
But if you have any hint of a cynical bone in your body (or have watched any legal dramas when your Roku box wasn’t disabled), you might think that Roku isn’t acting in your best interests. While the new terms and conditions were changed last fall, Roku failed to notify its customers until now, with this most questionable of methods.
Options
If you don’t think you are going to sue Roku anytime soon and are willing to consult its lawyers first, then you may as well agree to the terms and conditions right now. You have to do what is right for you in your current situation.
But you might want to withhold consent if you’ve wondered about suing or getting involved in a lawsuit against Roku. And surely, it’s as easy to opt out as it is to opt in?
But Wait, It’s Not That Easy
While you can agree to the new terms and conditions with a tap of a button on the remote, opting out isn’t quite so simple. You’ll need to send a written notice to Roku’s lawyers informing them that you choose to opt out of the new terms within 30 days of when the new terms come into effect.
However, there’s some debate on the date that the new T and C’s came into force. It may be when you were first notified on the device, or it could be from February 20th, meaning the 30 days ran out on March 21st.
If you want to opt out of Roku’s attempt to restrict your rights, you’ll need to do it soon, preferably now. This is what you need to include in your opt out letter:
- Name
- Address and Phone Number
- Email address used with the Roku Device
- Product Model and Software Version of Roku Device
They already have most, if not all, of this information. They don’t actually need it; Roku just wants to make opting out as difficult and inconvenient as possible while (barely) making the process legal.
You’ll need to send the letter to Roku’s lawyer’s office, which is:
- Stephen Kay,
General Counsel, Roku, Inc.
1701 Junction Court, Suite 100
San Jose, CA 95112
It’s an underhand way of doing things, and Roku could have made it much easier for its customers to opt out by adding a ‘Disagree’ option. Even better, Roku could have chosen not to restrict its customers’ legal rights in the first place by forcing them to agree to something that isn’t in their best interests.
It’s that simple. Roku made choices, and they weren’t good ones. It almost makes you think they’ve done something they think is worth suing them for.
How do you feel about Roku’s behavior? Is it something that will give you pause for thought when it comes time to upgrade your device? Let us know if you are opting in or out in the comments below.
