I know of that case.
My point is that Apple disclosed to users that this will happen, so I am confused as to who would consider this an “infraction”.
I had to set up iOS multiple times (broke phone screens, got an iPad and so on), and as far as Siri was around I remember being informed.
During initial setup you have options to turn Siri on with continuous listening, on via button only (my preference), or off entirely. One tap and a short bit of text informs you of privacy implications, including that your voice recordings may be sent to and heard by humans in order to improve QoS.
I did not have to dig through a wall of ToS, it was a clear and concise paragraph set in large enough type that took single-digit seconds to read.
I wonder whether (1) I am missing some circumstances or a period of time where this was not the case, and therefore I should be offended as well, or (2) people are misinformed and piling on Apple for, as far as I’m concerned, little to no reason.