Can't un-select option to sign up to promotional emails when signing up

[fkfkcd]

I just purchased a Google Nest Learning Thermostat and when signing up to Nest on the app, following instructions, I cannot un-select the option "Google Store Promotions" option. It is automatically selected for you and while all other options you can select and un-select, that option does not.

It doesn't matter if you change your email, your address to EU or anything. It automatically signs you up and you cannot un-select this.

Is it even legal? Even when choosing a EU country it still does this.

[fkfkcd]

This is a screenshot of what the option in the Nest app. 

This practice might be illegal in Europe due to consent. You can't force consent.

[sicsacol]

Hey @fkfkcd,

I haven't seen your form submission yet. Were you able to access the form without any problems?  Let me know if you're running into any trouble or still need help.

Regards,

Jonathan 

[sicsacol]

Hi @fkfkcd,

Thank you for the community post, we'd like to take a closer look at what's going on. Could you please fill out this form? Let me know when you’re finished. We’ll have someone reach out to you via email from there.

Cheers,

Jonathan