...and a “pay up or get tracked" model (vs "consent or no business") will go a long way for counting as not forced.

But "pay and agree to get tracked, or else your payment will get you nothing", that would be a surefire way to get in trouble.

Also unconsentable would be a carte blanche for passing on the data to undisclosed third parties for unrestricted use and redistribution. This is where many existing revenue models will still have to adapt and where a lot of bad actors will dwindle or shift from grey to deep, actionable black.