Lying about opt-out versus opt-in ought to be legally actionable. I'm not sure your point depends on that, but wanted to call it out.

Opt-in telemetry may well collect too much information _for a customer to be comfortable to use the feature_. However, it's an _option_ to an user instead of a _default_ for the user. Hence the categorical difference.

Some FOSS make opt-out inclusion a required feature. Forking a complex project isn't a reasonable approach in many situations.