A technicality without a meaningful difference. Users didn't consent to sending it, nor were they aware of it.

If someone attach a bomb to you car that detonate when you start the motor; they didn't fool you into killing yourself.

The relevant facts are that the website owner voluntarily put the tracking code on their own website, and the tracking code worked as designed.

That's like saying that Ted Kaczynski was innocent, because he didn't force anyone to open the packages.