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.
GDPR "only" covers your personal information (and personal identifiable information) anyway, it doesn't cover data used to profile you (e.g. the time of day the TV and the hours a TV is switched on is technically not personal information)
Either way, case in point: Check this hilarious statement in the US ToS:
"6. I understand and agree that Voice Information may, for the purposes set out above, be transferred to and processed in other countries (including Korea), some of which may not offer the same level of data protection."
Also, this one in the US ToS:
"9. I understand that this Smart Media Product is a household device. If this Smart Media Product will be used by more than one person, I represent that, in addition to agreeing to this Agreement, that I have obtained consent from all other members of my household whose information may be collected through this Smart Media Product and am providing consent on their behalf."
vs. Europe ToS:
"I understand and agree that Voice Information is generally handled by LGE in such a way that members of your household are not identified or identifiable from that information. Please be aware that this means that if several members of your household use Smart Media Product services we may not be able to distinguish you and your personal information from members of your household and those members may be able to see information (including some personal information) you have generated through use of Smart Media Product Services."
What makes you think the Apple TV is any better? I'd wager that Apple collects just as much telemetry.
LG and other consumer electronics manufacturers have tiny margins compared to Apple so that extra percent or two they can make from stuff like this is pretty big for them.
Technical solutions only go so far, at some point you have to put in place a regulatory framework that requires consent. The divergences between US-EU privacy policies, configuration screens, etc. show that the GDPR is slowly starting to do its work.
People here generally don't like to hear that, but Apple is doing the very same. There's even a study-paper on how they do this without collecting personal information [0]
So when a company yells out how it's not collecting your "personal information", the statement actually doesn't cover what has been discovered here from all I can decipher from this "research"
[0] https://machinelearning.apple.com/research/learning-with-pri...