“Need” is a very strong word. Any potential fines will just be rolled into the costs of doing business, and if it’s found to still be worth it they’ll keep abusing user privacy as there is a net benefit profit-wise.
From personal experience, businesses I've dealt with in the EU are eager to be compliant as long as it's applied across the board (ie, they aren't losing their competitive advantage).
At least in the EU, you'll need express consent to do this.