...and barring class action suits are good for consumers because litigation costs are actually regressive taxes that are passed along to consumers whether the consumers reap any benefits or not.

It always amuses me to watch the free-marketeer types say things like this.  Markets are apparently awesome and ultra-competitive until you try to penalize companies for breaking the law and/or violating contracts, at which point demand magically becomes perfectly inelastic and all punishments are automatically passed on to consumers.

Be nice to America. Or we'll bring democracy to your country.