These (and other TOS agreements) fall under the category of "adhesion contracts".
replyBecause 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 cool thing is that they make you go into forced arbitration rather than through the legal system.
replyThe 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.
reply^claim to — this type of legalese (shrink wrap, clickwrap, liability waivers, etc.) is a bluff (when in doubt: sue)
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replyLG probably can't sue you for failing to get consent from a guest, but the guest can sue you, not LG, for being recorded.
reply> Have a meeting with the executives of LG in their office
reply> Sue them for not telling you the TV is recording you
LG's purpose is to avoid being sued by the guest, not to be able to sue the customer.
replylawyers hope to trap / trick people that are smart enough to read, but not legally smart enough to understand enforceability.
replyare state's attourney's general going to go after them? eh.
replyyou 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.
replyWould be even better to have a judge declare that they already are illegal.
replyEasy to forget, judges determine the legality of things. It is literally their job
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