"Shifted it to the consumer"
• The "Guest Consent" Clause: For example, Section 6(d) of LG's updated terms of service states that it is the owner's sole responsibility to obtain consent from household members and guests whose voices might be captured by the TV's artificial intelligence and voice recognition features.
• The Legal Trap: By agreeing to these terms, you contractually accept the responsibility to warn anyone sitting in your living room that the TV is listening. If a guest sues over an illegal recording under state wiretap laws, the manufacturer will use the EULA to argue that you breached the contract by failing to get that guest's consent. That's assuming someone actually reads the EULA
Especially in
• California • Delaware • Florida • Illinois • Maryland • Massachusetts • Montana • Nevada • New Hampshire • Pennsylvania • Washington
because they have all-party consent laws : In these states, recording an oral conversation requires the consent of everyone involved. Because a house guest has a reasonable expectation of privacy in a private home, a smart TV capturing their background audio without their explicit knowledge constitutes a violation of state wiretapping laws, regardless of what the TV's EULA say
So, you have to have everyone in your household agree to the EULA not just yourself if you use a smart tv in those 11 states to not violate wiretapping laws.
