[haldean]

Android has the ability to push updates to phones that haven't been set up yet; when you first turn on a new phone the first thing it does is ask for wifi so it can check for updates. Google has the ability to update the phone before literally any other part of setup occurs. You do not need to consent to the ToS first; the setup steps on Android are really carefully thought through from a legal perspective.

(I know this because I worked both on the setup system and on one of these "zero-day updates", where we fixed some bugs between when we sent the "final" image to the manufacturer and when we actually shipped devices)

[bitmapbrother]

Google cannot update a phone that uses an OS built by another OEM. Since the OEM cited in this complaint is a low end Huawei phone they're responsible for pushing the update.