1.) Yes
2.) Yes
3.) No
I don't think you have a case. You agreed to the terms to keep your account.
Although I don't think this "exposure fee" invention is the best way to go about influencing behavior on their part. I think they should have just wrapped it around increasing margin requirement instead. The old fashioned way. This 'exposure fee' invention reminds me of "gov over regulation". Just adding another layer on top, where the existing system already has a mechanism in place to do what they want to. In this case, they want to discourage 'risky' positions. Well, they can already do that by simply playing with (i.e. increasing) the 'maintenance margin' requirement on "risky" positions. But no, instead they keep margins the same and make an invention called 'exposure fee'.
Out of curiosity, how much are you paying per day in exposure fee right now?
Even customer agreement should abide laws and base on fairness. I totally agree with you that IB should use the margin to control the risk instead of charging risk fee. IB just to increase their revenue and use the risk as an excuse to charge its customers. IB charged me ~15k last year, and will be more than 20k this year according to the charges so far this year.