AirPods Pro crackling

My right AirPods Pro do crackling sound.

I have try to do a lot of things like clean, reset and so on, but the only way to stop the crackling is remove noise cancelling.

Apple said this is a hardware problem but AirPods is out of warranty and so I need to pay 99 euros to new headphone. I think this is not correct because it is a know problem and in my opinion independently of warranty they need to do a program to change AirPods pro that have this problem!