In the sense that consent requires active opt-in. The passive “opt-in” by failing to set the cookie doesn’t count as consent.
So if they’re claiming they have the right to process data on the legal basis of consent, and they claim the absence of that cookie constitutes that consent, then they have no legal basis, and are thus in violation of the law.
So if they’re claiming they have the right to process data on the legal basis of consent, and they claim the absence of that cookie constitutes that consent, then they have no legal basis, and are thus in violation of the law.