please help me use /function with NBT

i have command in check.mcfunction:
$execute at @e[type=marker,nbt={data: {type: "receiver", freq: $(data.freq)}}] run setblock ~ ~ ~ dirt
which is called from tick.mcfunction:
execute as @e[type=marker,nbt={data:{type:receiver}}] run function swr:check with entity @s
for some reason, check.mcfunction isn't working, as it's not displayed in the game.
i've tested it a bit, and i'm pretty sure its problem is the $(data.freq). From my understanding, function calls that use with can use an NBT tag as a macro using NBT paths. It apparently seems i'm using the command wrong, though, so i went to the wiki for help but the wiki states:

Macro functions can also harness stored NBT data using the with instruction that may follow the function name. The argument succeeding with must specify a NBT source (a block, entity, or command storage) followed by the NBT path of a compound tag.
For example:
execute as @p run function foo:bar2 with entity @s SelectedItem
And the function foo:bar2 is:
$say The player running this function is holding $(count) items with ID $(id)!

which, at least to me, is the same as what i wrote. the wiki provides no more info.
what am i doing wrong here?