Looking beyond just podcasts, the terms and conditions of the App Store itself are what covers collection of this data. I agree with you an argument could be made that the user is being misinformed or misled, and am not going to defend Apple doing that. But there’s a conflation being made I think behind device data collection settings vs App Store terms and conditions telemetry data, and what data is being collected based on each.
In other words, shady practices for sure but this might be (at least partially) a case of sensationalism over a misunderstanding of what kind of data the device settings and App Store terms and conditions cover, and which terms we’re talking about.