The FTC has issued a number of warnings to the LLM providers regarding lack of affirmative consent or shifting consent for user data handling, noting they could constitute unfair or deceptive trade practices, e.g.: https://www.ftc.gov/policy/advocacy-research/tech-at-ftc/202...

There probably isn't any appetite at the FTC these days to actually follow through and investigate or possibly prosecute though. Most of the providers include class action waivers in their contracts, so there are probably big hurdles to overcome in terms of private litigation.