Ah yes, much like how cable TV has no ads on it, right? Or newspapers. Or how Microsoft Windows has no ads on it because you paid for the OS? Or like how smart TVs aren't spying on you because you bought them…
If there's money to be made by spying and putting ads, it will be done, no matter if you pay for it or not.
And that's the reason why it is probably illegal: if you accept the cookies, they track you, if you refuse cookies and pay, you have to agree to their terms and conditions which allow them to track you as well. Head they win, tail you lose.