Edgar (aka MrConsumer)

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Shussh, Don’t Say That in Front of the Kids Smart TV

Samsung Smart TV Smart TVs are getting smarter. And maybe too smart for our own good.

Originally, smart televisions had the ability to display Internet websites because you could switch to a crude built-in browser. Now they can make recommendations of what you might like to watch, and can even understand voice commands.

But, there is potentially a dark side to this technology. A look at Samsung’s privacy policy supplement for smart televisions contains some unexpected surprises.

*MOUSE PRINT:

Samsung may collect and your device may capture voice commands and associated texts so that we can provide you with Voice Recognition features and evaluate and improve the features. Please be aware that if your spoken words include personal or other sensitive information, that information will be among the data captured and transmitted to a third party through your use of Voice Recognition. [color emphasis added]

So if you enable voice commands, what you say is captured and is sent to a processing company on the Internet. Be sure not to discuss how you plan to cheat the IRS or commit murder when the TV is on, lest your plans become evidence that could be subpoenaed.

And if you’re watching some steamy pay-per-view movies, Samsung may be tracking your viewing based on what functions you have enabled on the TV.

*MOUSE PRINT:

…if you enable the collection of information about video streams viewed on your SmartTV, we may collect that information and additional information about the network, channels, and programs that you view through the SmartTV.

This data collection is supposedly only used to provide you with a better viewing experience, but who knows what really happens to all that data. And if you opt into “SyncPlus,” advertisers are told what you are watching so they can target ads and offers specifically to you.

So this is the future of television… the big screen that you’re watching is also watching (and listening) to you.

After last week’s brouhaha, Samsung clarified its Smart TV policy, saying:

If you enable Voice Recognition, you can interact with your Smart TV using your voice. To provide you the Voice Recognition feature, some interactive voice commands may be transmitted (along with information about your device, including device identifiers) to a third-party service provider (currently, Nuance Communications, Inc.) that converts your interactive voice commands to text and to the extent necessary to provide the Voice Recognition features to you. In addition, Samsung may collect and your device may capture voice commands and associated texts so that we can provide you with Voice Recognition features and evaluate and improve the features. Samsung will collect your interactive voice commands only when you make a specific search request to the Smart TV by clicking the activation button either on the remote control or on your screen and speaking into the microphone on the remote control.

Is that an improvement?

And now Samsung Smart TV owners are complaining that the company is inserting advertisements in the consumer’s own content or content they paid for.

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McDonald’s Pay with Lovin’ Promotion

  McDonald’s unveiled a new promotion at the Super Bowl whereby random customers entering each of their restaurants will be selected to have their meal on the house if they demonstrate a bit of “lovin'” such as by hugging their kids, calling their mother to say I love you, doing a dance, etc.

McDonald's

The official rules state exactly how the promotion works. Each day at the predetermined time, the first customer to enter through a designated door, will be an unofficial winner. After they place their order, they will be approached by a manager who will tell them their order is free if they perform a particular lovin’ act.

As with any sweepstakes where money might change hands, the first rule is always “no purchase necessary.” This is because most sweepstakes are played in the context of a purchase (such getting a Monopoly game piece affixed to drink cups at McDonald’s). So game promoters are required to tell customers how to play the game free such as just by asking for a game piece, or by submitting a request for one by mail.

Paying a price for the chance of a prize is the definition of a lottery, which only the state and charitable organizations are allowed to operate. So how does McDonald’s present the “no purchase necessary” entry rules for this promotion?

*MOUSE PRINT:

The unofficial winner will be notified by the Lovin’ Lead that they are an unofficial winner after placing an order at the counter [emphasis added] or if the unofficial winner begins to leave the restaurant without placing an order at the counter. Participants do not need to make a McDonald’s purchase of any kind to be deemed an unofficial or official winner.

That is certainly a little bit awkward for the person not intending to make a purchase. So to play without paying, you have to go up to the counter, and loiter a little, or place a really big order (since it will be free if you win) but then tell the cashier you were just kidding, and begin to walk out?

From a practical standpoint what non-purchaser is going to go through this ridiculous charade for a chance at a prize? No, not even MrConsumer.

This is a fun and imaginative promotion. And it certainly is understandable why they don’t want to tell a customer when they first walk in that they have won for fear the customer will place an order for dozens of free meals. But McDonald’s really should be offering a more practical no purchase necessary method for playing the game.

Oh, incidentally, just by walking into the store, you have pre-agreed to resolve any disputes by arbitration. What, you didn’t go online before ordering your Big Mac to learn this? And some would (rightfully) say that this part of the rules is more troublesome and surprising than the no purchase necessary part.

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Intuit/TurboTax Caves to Consumer Pressure

  After three and half weeks of stringing criticism from customers and the media, Intuit, the maker of TurboTax Deluxe, threw in the towel on January 29. The popular tax preparation software had been stripped of key functionality in a ballsy and blatant money-grab to extract an extra $30 to $40 in upgrade fees from regular users. The company is now going to offer free automatic upgrades to TurboTax Premier and Home & Business from within TurboTax Deluxe — the very thing we first called for back on January 6.

The company also vowed to restore all the missing pieces to TurboTax Deluxe next year.

Intuit president Brad Smith posted this apology on his Linked-in page:



Customers who already paid the $30 to $40 upgrade fee or who bought a higher edition of TurboTax will still be able to get a $25 rebate, but in many cases, it may not cover all their extra costs.

Intuit was taught a valuable lesson (again), but its history of practices designed to gouge its customers suggests it probably hasn’t really learned anything.