I think ToS violations can also run afoul of CFAA.

Those are pretty old cases that I think the courts have moved away from and even in those cases it was a TOS violation and explicit c&d that the company ignored.

I don't think they can any longer, I think there is case law on this.

Illinois law makes it a misdemeanor to violate web site ToS, though. And felony for the second time IIRC. Other states probably also.