One of the major things courts do is price stuff, ie how much is a lost leg worth.

The question isn’t what’s the value of not being tracked, the question is what’s tracking data itself is worth. Here what the company actually makes selling the data puts an actual price on what that data is worth.

If you can make 50$/year selling the data and want to pay someone 40$ to be tracked that’s a reasonable transaction, if you want to charge them 1,000$/year not to be tracked than it’s no longer about what the data itself is worth.