Assuming that you, an individual, can prove not only that the policy was broken, but also broken at the time when the policy was in effect. T&Cs change often, and only major changes require notifying the user.
The entire burden of proof would be on you, vs. a behemoth corp whose bottom line depends on maximizing data collection and retention.
Go to court on your own dime, prove it, and yes, the penalty might have some teeth. Might.
