Google Nest Community

Exactly, as stated, it’s an automatic opt in due to an agreement with smart thermostat not with the consumer. It was just because I purchased a smart thermostat 

https://www.fox4news.com/news/some-smart-thermostats-adjusted-remotely-during-ercots-call-for-conservation

Wish you were right but in this case Texas is an automatic opt in state. It was all over the news.

This Rush Hour program automatically enrolls you when you purchase a Nest thermostat but it’s difficult to opt out.