Comment by codingdave

Yes, he probably is fishing. But the lawsuit is how you fish. It is how you force a company to share information about what they do or do not store. If they don't store your data, it will be dropped. If they do store your data, it will proceed. Even if it gets dropped, it was not a waste of time because someone is making an effort to find out what is going on.

So you are 100% correct - the article is badly written because it doesn't give that context to how people use the legal system to determine whether or not there is a case to be had.