IANAL and all, but bad/unfavorable contracts and literal deception/fraud are two different things, at least in the legal system. Not everything that’s technically possible is also allowed, obviously.
Compare it to using a security flaw to hack into a system. Technically you’re only using the official API, maybe in unusual ways, but still. But you’re doing it in bad faith and causing harm, maybe pretend to be someone you’re not or inject fake data into the system, and that can make a difference.
What’s absurd is this crypto maximalist take.
You can’t just make up your own permission and punishment system, and then expect the legal system to just step aside and let it handle all disputes, especially when it comes to fraud. That’s like founding your own city in an existing country, and declaring all existing law obsolete. I know some people think this is a real possibility, but the real world doesn’t work like that.