But they have to knowingly misrepresent something (tough to prove) and what they misrepresent has to be material to the deal. Twitter never ever said "we guarantee bots are 5%" they just said that was their estimate and they particularly said in their 10ks that they weren't sure.

Elon said he was going to "fix the bot problem" so claiming he was mislead about this is not going to be very convincing.