When users power up a Samsung smart TV for the first time, they hit a confusing onboarding process right away. Before getting anywhere near the main features, they have to work through a multipage setup that ends on an agreement screen titled “Smart Hub Terms & Conditions.” According to a recent lawsuit, users are eventually shown four notices: Terms & Conditions, Dispute Resolution Agreement, Smart Hub U.S. Policy Notice, and Interest-Based Advertisements Service U.S. Privacy Notice. One button is front and centre: “I Agree to all.”
Allegations of Deceptive Trade Practices
The lawsuit questions how transparent any of this really is, arguing that it is unreasonable to expect ordinary consumers to understand the surveillance capabilities built into Samsung TVs. It contends that “most consumers are unaware and have no reason to suspect that their Samsung Smart TVs are capturing audio and video in real time, utilizing this data to create detailed profiles for advertisers.”
Texas Attorney General Paxton claims TV manufacturers have violated the state’s Deceptive Trade Practices Act by misrepresenting their data collection practices and failing to adequately disclose the use of automatic content recognition (ACR) technology. The complaint against Hisense goes further, alleging that the company does not inform consumers that it may be compelled to turn over their personal data to the Chinese government upon request.
Specifically, Hisense is accused of withholding crucial information from Texas consumers regarding Chinese law that obligates the company to hand over any collected data to the People’s Republic of China when demanded.
The complaint against TCL does not include that particular charge, but both it and the Hisense lawsuit share a more serious warning. They suggest that data harvested through ACR technology may be used by the Chinese Communist Party to manipulate or potentially compromise public officials in Texas, including judges and law enforcement, as part of a broader effort to destabilize American democracy.
Taken together, the lawsuits put forward a blunt conclusion: the TVs in question have become “effectively Chinese-sponsored surveillance devices,” quietly recording the viewing habits of Texans without their knowledge or consent.
