The lawsuit says that when consumers first turn on a Samsung Smart TV, they must “click through a multipage onboarding flow before landing on a consent screen titled Smart Hub Terms and Conditions.” “Upon finally reaching the consent screen, consumers are presented with four notices: Terms and Conditions: Dispute Resolution Agreement, Smart Hub US Policy Notice, View Information Services, and Interest-Based Advertising Services US Privacy Notice, along with only one button Featured: I agree with everyone,
Accused of deceptive trade practices
The lawsuit says it would be unreasonable to expect consumers to understand that Samsung TVs are equipped with surveillance capabilities. It says, “Most consumers do not know, nor have any reason to suspect, that Samsung Smart TVs are capturing the audio and visuals displayed on the screen in real time and using the information to profile them for advertisers.”
Paxton alleges that the TV companies violated the state’s Deceptive Trade Practices Act with misrepresentations regarding the collection of personal information and failure to disclose their use of ACR technology. The lawsuit against Hisense additionally alleges failure to disclose that it could provide consumers’ personal data to the Chinese government.
The lawsuit states, “Failed to disclose to Texas consumers that under Chinese law, Hisense is required to transfer its collection of Texas consumers’ personal data to the People’s Republic of China, if requested by the PRC.”
The TCL lawsuit does not include that specific allegation. But the complaints from both Hisense and TCL say the Chinese Communist Party could use ACR data from the companies’ smart TVs “to influence or compromise public figures, including judges, elected officials, and law enforcement in Texas, and for corporate espionage by monitoring people employed in critical infrastructure, as part of the CCP’s long-term plan to destabilize and undermine American democracy.”
The lawsuits say the TVs are “effectively Chinese-sponsored surveillance devices, recording Texans’ viewing habits at every turn without their knowledge or consent.”
<a href