What they’re going to argue is that Google is using more than necessary when the phone isn’t actively being used. Maybe an amount is necessary, but they are comparing to Apple to provide a basis that Google’s amount is not wholly necessary. Under the claimed as similar static conditions, an iPhone uses an order of magnitude less than Google’s current amount. This provides the basis to say that 9/10th of Google’s amount may not be necessary and some lawyer is convinced he can argue that the terms don’t cover that usage by Google.
I assume that the under active use category is covered broadly by the terms of Google, Apple, and any other application you’re using. While that may be an actual problem, it also might not be a legal problem given how the contracts are defined today.
If you don’t like this, then you’ll need to advocate for actual laws. Otherwise, this is the best attack that can be waged against this type of behavior today and is why people appear to be “okay with” the current usage in the general case. You’re only going to see “not okay with” if a lawyer thinks they can actually win a case.