Despite the majority voting against it, apparently they did the right thing and returned that fee anyway:
Who's to say it was the right thing to do? Whenever the average user makes a mistake and over pays their fee, they simply have to wave goodbye to their money. Why should it be different for Paxos?
Average people getting screwed while corporations do what they like is all too reminiscent of fiat.
depending on the jurisdiction, you could still take the miner to the civil court with a chance of winning.
And impossible to enforce. If the pool operator has already distributed the fee to the miners, then they have nothing to pay back. And if they were to start skimming a percentage off all future blocks to repay it, then their miners would simply switch to a different pool.