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If the TV spot they're referring to was an Xbox One advertisement with the phrase "Xbox on", yes, it was ill-conceived because it was a commercial for the voice-control system being advertised. It would be like an Amazon commercial triggering Alexa.

No, the phrase itself is not a problem, but when advertising your own product you should know better.

Surely it's the TV spot which is ill-considered rather than the opt out setting... Right ;)

> "We'll take this opportunity to point out that voice-command purchasing is enabled by default on Alexa devices.

This is what's unethical. If users don't understand how they may be charged, they ought not to be charged.