Well, a ToS is not law, so there's no obligation to enforce it, so it's up to FB to decide, and I don't see what would they gain from that. They got the app gone, they don't really benefit from having 135000 more people hating them.
Is that true? I thought if a company made claims like that, they sort of had to do stuff about it. it seems like the dev could show, here's hundreds of thousands of other people doing exactly the same thing, why single him out? I think those tos claims are more use-it-or-lose-it kinds of rules.