I'm not sure I understand the question. Why would it send data to anyone if the feature is not enabled? Are people implying a commercial partnership with a third party rather than using their API?

Anyway the point is still that it's not OK to spread incorrect information, even if people don't like /e/OS or Murena.

They didn't "get caught" when it's literally written down that they do it and it's optional, namely nobody does it except by explicitly asking for it. I know I don't. I don't even have that option like most people who use /e/OS and are not Premium Murena customers paying specifically for that service.