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Ok, heavily fined then.
Regardless, there are multiple reasons why they wouldn't / aren't listening in, and maybe 1 reason they would - to target you with ads? Why would they bother? Hell, my Google Home can't even understand me when I explicitly talk to it to ask it something. Even if they could listen in to everything, they wouldn't get any accuracy.
People just find it a fun conspiracy theory. But if you sit back and think about it for longer then 10 seconds you realise how ludicrously unlikely it is