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The main problem with this is that there’s literally zero way to prove this, one way or the other. There are no logs with that level of detail, nor is there a (usable) timestamp of the observed infraction.
The best you could do is show that you did not send a text message, or a Facebook post, etc. Not only does this fail any chain of custody concerns (since you can’t get a certified copy from an independent party), it’s also trying to (impossibly) prove a negative.
Even if you could, that’s still not good enough. You have to show, conclusively, that you were doing something explicitly allowed.
Go ahead and try to show that you even skipped a song in your preferred music player, let alone when.
They are allowed to run, because there’s no law stopping them.
As for why they have a chance at winning, I don’t think I can answer that without significant bias.