These are leased modem/router combos from Comcast. The public wifi isn’t running of your actual connection, but a secondary lan running on the same device. It’s essentially creating a guest network that’s segmented away from your own.
The suit won’t go anywhere because Comcast isn’t doing anything wrong or against their EULA.
That’s my understanding too. As is usually the case, technical illiteracy gives support for nutjobs who will abuse the legal system just to be told to read the TOCs and contracts they agreed to.