lawsuits over the legality of using using someone's writing as training data aren't the same thing as them saying they won't use you as training data and then doing so. they're different things. one is people being upset that their work was used in a way they didn't anticipate, and wanting additional compensation for it because a computer reading their work is different from a person reading their work. the other is saying you won't do something and then doing that anyway and lying about it.
https://news.bloomberglaw.com/ip-law/openai-to-seek-to-centr...
Just make sure your chat history is off for starters. https://www.threatdown.com/blog/how-to-keep-your-chatgpt-con...