In that point of view, it seems a rather unfair complaint
It is an unfair complaint. But to be fair to the regulators, these complaints were filed by users, and may well be dismissed once reviewed by regulators. This type of unfair complaint will be an interesting test to see just how abusive the GDPR enforcers may or may not be.
Because the new law says the user can’t be assumed to consent, unless the specific parts of the contract are stated more explicitly, are opt-in rather than opt-out, etc. The old ToS become invalid and unenforceable.
If they stop collecting data for those users (at least until they opt in to an updated ToS) that would work around the problem.
It is an unfair complaint. But to be fair to the regulators, these complaints were filed by users, and may well be dismissed once reviewed by regulators. This type of unfair complaint will be an interesting test to see just how abusive the GDPR enforcers may or may not be.