[c7b]

ToS aren't law, what matters in court is what the judge decides, and they can decide that certain ToS terms were never valid. But the question is whether it makes financial sense to do so, where for most accounts the answer will be no (hence why providers can get away with it for a long time).

There are also some small chances that the company will try to reach a settlement to avoid a ruling that would give a lot of customers a strong lever before they can update their ToS (which could mean a much larger payout in return for signing some NDAs), that you are awarded additional punitive damages (pretty unlikely here though, I'd guess), or that you find a consumer rights organization that is willing to cover your legal fees. And of course, some people are willing to fight for their rights even if it doesn't make sense financially (this guy [0] fought and won a 22-year legal battle against Indian Railways over something like 20c).

[0] https://www.bbc.com/news/world-asia-india-62501688