No user agreed to what Tesla was doing with their data.
No kidding. But there's a big difference between scenarios:
A) Tesla surreptitiously recorded people in what they expected to be a private place and
B) Tesla recorded people with their consent, but those recordings were misused
In (B), it will matter a lot if/how/how promptly Tesla disciplined the offending employees. If the answer is "not at all", that's one path. OTOH, if they were disciplined promptly once management was made aware, then they may not be in much trouble at all.
In (A) of course, they shouldn't have the recordings in the first place, and so need to punished severely.
I'm not a lawyer, everything I've written may be 100% legally wrong. I'm interested in the opt-in question because that's what I'm see wherever I look, but I'm not a Tesla owner so I don't know for sure.