Well, the FTC has already made companies delete models which relied on deceptive trade practices to acquire data. So if they offer the setting and then ignore

Well, the FTC has already made companies delete models which relied on deceptive trade practices to acquire data. So if they offer the setting and then ignore it, they could literally be forced to delete their model. Overall if you trust them to hire lawyers who understand that, and plan accordingly, you can trust the setting.