Migliaccio & Rathod LLP is investigating whether Roku TV users were adequately informed about the collection of viewing information through Automatic Content Recognition (“ACR”) technology and how that information may be used.
Roku TVs include an optional Smart TV Experience that uses ACR to identify certain content shown on the television. Roku states that ACR creates an encrypted fingerprint from pixels appearing on the screen and compares that fingerprint with Roku’s content catalog to determine what the consumer is watching.
Roku states that ACR is not enabled by default and must be activated by the user. Consumers can also disable ACR through the television’s privacy settings.
When enabled, ACR may identify programming shown through external inputs such as cable boxes or other connected devices, not merely content streamed through Roku applications.
Migliaccio & Rathod is investigating whether consumers understood the extent of this collection, whether consent and privacy disclosures were sufficiently clear, and whether disabling Smart TV Experience or ACR settings operated as users reasonably expected.
Consumers May Have Experienced:
- Owning a Roku TV;
- Being prompted to enable Smart TV Experience or ACR;
- Using cable, antenna, gaming, or external streaming devices through the television;
- Receiving recommendations based on content viewed through external inputs;
- Disabling ACR or Smart TV Experience after previously enabling it; or
- Being unaware that the television could identify programming displayed through connected devices.
Potential Claims May Include:
- Failure to adequately disclose viewing-data collection;
- Unauthorized or inadequately disclosed collection of television-viewing information;
- Misleading representations concerning privacy controls;
- Unfair or deceptive trade practices;
- Violations of applicable state privacy laws; and
- Unjust enrichment.
Signs You May Be Affected:
- You own or previously owned a Roku TV;
- You enabled Smart TV Experience or Automatic Content Recognition;
- You watched cable, antenna, gaming, or other external-input content;
- You did not understand that Roku could identify content viewed through those inputs;
- You later disabled ACR because of privacy concerns; or
- You are concerned that viewing information was collected or used beyond what you understood when enabling the feature.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.