If you own a Roku smart TV or streaming device, chances are you’ve already received an email notifying you about a new update to the company’s terms of service. Not checking that email won’t get you out of agreeing to the new update, however; the next time you boot up your Roku TV or player, you very well might notice that you won’t be able to use the device without agreeing to those terms of service first.

• The terms include a clause saying that viewers cannot sue Roku or enter into legal action against the company.
• Also included is a provision that any legal issues taken with the company must be brought up with Roku’s lawyers first.
• Viewers have a limited time to opt out of the new terms of service, and can only do so by sending Roku a physical letter.

Photo courtesy of Roku forums commentor AJCxZ0.

The new user agreement was put into effect on Feb. 20, but many customers are just now starting to receive notifications about the update on their Roku devices. The on-screen prompt that pops up when a customer boots up their device gives the viewer just two options: press star to read the terms or click the “Agree” button. There’s no way to click around the prompt and start using the Roku operating system without agreeing.

Embedded within the terms of service is a forced arbitration agreement, which has been included in past Roku user agreements and the agreements of many other device manufacturers. It prevents customers from suing or joining lawsuits against Roku, and the company is banking on the fact that most viewers don’t read their terms of service before clicking through them to get to the good stuff. This is not a new part of the user agreement, but it is something many customers probably aren’t aware of.

As reported by TechCrunch, the biggest change in the agreement is a new section that lays out the terms for “Informal Dispute Resolution.” This compels anyone with legal complaints against Roku to take it up with the company’s lawyers first, which will allow Roku to “make a fair, fact-based offer of resolution” and put yet another barrier between itself and legal action.

Perhaps most insidious, Roku is not allowing its users to opt out of these terms of service unless they send a physical letter to the company via snail mail. To opt out of Roku’s new terms of service update, you must write down the following information:

• Your name, or the name of the person opting out.
• Contact information.
• Email associated with your Roku account.
• Your particular TV or streaming device’s model number, potentially including the Roku OS as well.
• Receipt for the device (optional).

Once you have all of these items written down, send them to:

Stephen Kay, General Counsel, Roku, Inc.
1701 Junction Court, Suite 100
San Jose, CA 95112

The issue is that, in theory, you won’t be able to use your Roku device while that is being processed, and there has not yet been any confirmation as to how the process will work to unlock your device once the company’s lawyers have received your opt-out.

How Many Users Does Roku’s New Terms of Service Affect?

Roku reported in February that as of the end of 2023, it had 80 million active accounts on devices around the world. The updated terms of service will presumably affect all of these customers, so the changes in the terms will clearly encompass a huge group of people.

There may not be much time left for Roku customers to opt out of the new terms of service, either. Viewers are only allowed to submit their opt-out notes up to 30 days after the new terms are in force for them, which could mean that the ability to opt out of the agreement will only be offered until March 20, one month after the new terms first came into existence.

Roku is gearing up to release a new line of higher-end smart TVs, so these terms of service are about to spread to even more customers. Once again, the forced arbitration agreement and dispute resolution segments are not novel inventions by Roku; many other device manufacturers enforce them as well. But Roku is essentially disabling the devices of users unless they agree to the new terms, and raising the barrier for opting out of those terms quite high.

Roku

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