These (and other TOS agreements) fall under the category of "adhesion contracts".
Because the buyer has no real ability to negotiate, any ambiguity is resolved in their favor. A judge can also strike provisions that a reasonable buyer would not expect, or that are unconscionable. So it's up to the judge's judgment.
The cooler thing is that if a substantial amount of the 216M TV owners tried to arbitrate across the country/world, they'd cave so fast. Arbitration is cheaper than an individual law suit, but much much more expensive than a class-action.
These (and other TOS agreements) fall under the category of "adhesion contracts".
Because the buyer has no real ability to negotiate, any ambiguity is resolved in their favor. A judge can also strike provisions that a reasonable buyer would not expect, or that are unconscionable. So it's up to the judge's judgment.
https://www.investopedia.com/terms/a/adhesion-contract.asp
The cool thing is that they make you go into forced arbitration rather than through the legal system.
The cooler thing is that if a substantial amount of the 216M TV owners tried to arbitrate across the country/world, they'd cave so fast. Arbitration is cheaper than an individual law suit, but much much more expensive than a class-action.
^claim to — this type of legalese (shrink wrap, clickwrap, liability waivers, etc.) is a bluff (when in doubt: sue)
[dead]
LG probably can't sue you for failing to get consent from a guest, but the guest can sue you, not LG, for being recorded.
> Have a meeting with the executives of LG in their office
> Sue them for not telling you the TV is recording you
I’m sure this would not work under GDPR. The host surely isn’t a data processor.
LG's purpose is to avoid being sued by the guest, not to be able to sue the customer.
lawyers hope to trap / trick people that are smart enough to read, but not legally smart enough to understand enforceability.
are state's attourney's general going to go after them? eh.
you ask if they're enforceable but that's the wrong question, the real question is will anyone do anything to stop them?
This is the kind of thing that states need to make explicitly illegal.
Would be even better if the federal government made it illegal.
Would be even better to have a judge declare that they already are illegal.
Easy to forget, judges determine the legality of things. It is literally their job