Of course, we don't yet know the specifics of this particular case, but I'm willing to lean towards the people receiving legal letters threatening CFAA action until there's more information.
Now it is bit questionable should you check things like this during evaluation or not. Strict legal reading probably not. With reasonable customer relations you thank them and put it on top of the priority list. Unless they clearly enumerated everything they got their hands on or tried to run more real scans.