Because it's technically opt-in. And AFAIK the the checkbox is more explicit in Europe and they probably do a bit ore to comply with GDPR. US is a free for all mostly when it comes to abusing consumers through contrived and unfair ToS agreements.
in the US. My LG TV has put up a giant TOS agreement thing and I can't use any apps until I agree. So I unplugged the ethernet cable and bought an Apple TV. problem solved?
The opt-in is bollocks. I am a LG owner and quite technical and used to legalese too. This will get them fined in Europe.