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I have no idea if I'm right lol. Just thinking out loud in consideration to your equally relevant thoughts.
To expand, I would gather they would pay him off for his site since it's his that has developed the following, then work to fix their own loophole on the immediate internally. By doing this, they draw much less attention to said loophole versus the national coverage they'll get by going through the courts, which could be utilized immensely throughout this entire ordeal by consumers, causing them to lose much more money than if they simply quietly shut down the site in silence and fixed their own shortcomings.
They can't close the loophole because it's an integral part of their pricing strategy. Not until it is being exploited on a massive scale.