Why would they face consequences? Every store has video surveillance that can be reviewed.
They trusted their tech enough to accept the false-positive rate, then worked to determine / validate their false positive rate with manual review, and iterate their models with the data.
From a consumer perspective the point is that you can "just walk out". They delivered that.
Their initial advertising claimed near full automation by their "AI" system when, in reality, they had people manually handling around 70% of the transactions.
I get that this is a message board for YC, so lying about your company's tech is considered almost a virtue but that is an unreasonably big lie to tell without getting your hand-slapped by some regulatory body or investor backlash.
If the stock price goes down, I won’t be surprised if there’s a shareholder lawsuit claiming that they misrepresented their level of AI achievement and that lead to this write-off by keeping operating costs and error rates high. The whole business model really assumed that they could undercut competitors by lower staffing.