[losteric]

It's not true that individuals need to band together. A single individual can kick off a class action lawsuit, private litigators can even kick start a lawsuit themselves (though ultimately the lawsuit will bring in impacted individuals).

The idea of private litigators is to complement the innate limitations of federal/state lawyers, by offering profit as an incentive.

Ideally yeah Americans would have stronger laws around TOS, customer privacy, data handling and security, and robustly funded state lawyers... but we don't.

Practically speaking, such gaps are not unique to technology. Every industry has this same problem, and your awareness of those problems is reflective of the general public's political engagement with this thread's topic. So having gaps that private litigators address is really quite normal and part of the incremental progress of legislation and state enforcement.