The problem with civil litigation against some of these dark patterns is it can be challenging to show quantifiable harm to a magnitude that makes it worth pursuing. Fortunately judges are becoming more keyed-in to the intrinsic value of privacy.
Ironic given one of yesterdays front page stories on hn was how to respond to a c&d letter from a large tech company where they claim violation of ToS for some tool you built to automate processes on a “free” website.