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I don't know that I buy that 78 degrees poses a health risk, even for an infant, given that there are people in the world who (if you can believe it) don't even have air-conditioning. Always read the fine print, I guess.
When I used a Nest, I remember that the power company I was with (in California) had a similar promotion, if you signed up with their energy saver you'd get a discount.

However, I don't recall it being "fine print" that they'd raise the thermostat's temperature. I recall that being fairly prominent on the promotion, and if they did raise the temperature, the Nest would clearly tell you that happened.

Maybe things have changed since 2015?

Wow that is a huge breach of privacy and trust. Given the other recent discussion about apps being installed without consent or notification on smartphones (https://news.ycombinator.com/item?id=27558500) and Tim Cook’s absurd claims about side loading (https://news.ycombinator.com/item?id=27565002), it seems like it is time for consumers to get devices back under their control rather than continuing to cede ground.
the house got to 78 and they worried about their health.. you live in the wrong state.