This is my understanding and it's not the official opinion of anyone other than my own;
Iirc the statements were in the TOS to begin with, but it was not 100% obvious (meaning "CLICK HERE TO ACCEPT") yet I recall going through deployment heck to ensure that the TOS pop-ups were actually working... and we ensured this 100%.
The agreement was there, but it wasn't a button... We had to make a button, which was done.
But how do I reconcile this with the article, which says it was done without consumers' knowledge or consent?
Someone's lying, which I'm sure you'll agree is always kind of annoying.