Some legal resource I found online says that in the US fraud requires: (1) a false statement of a material fact, (2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result. [1] Note that "material fact" here is a legally significant phrase, and implies a written agreement or some other mutually agreed to terms that establish the expectation - which never happened between you and the ad provider.
No matter how you slice it the user of ad nauseum is not committing fraud. This misinformation needs to stop.
Walk me through this, okay?