​​​​​​Seems like maybe you shouldn't be running to litigate without the precise wording then, or at least are backtracking from your previous position.

Anyway, it seems that many of us expect that when we are exempt from a mandatory extra fee, that means we don't have the obligation to pay that extra fee--nor do we get the benefits that come along with paying that extra fee. The albeit unscientific sample suggests that any argument that a reasonable consumer would obviously assume otherwise might not be strong.