IANAL, but it's hard to sign away your right to tortious remedy like this (in most cases). At least in the way we think of it.
Even if you could sign away your right to sue, these are contracts, so things aren't so black and white. We're talking civil law here, which means even if you did sign away your right to sue, you could sue anyway. You'd break the contract, which would open you to counter-suit, but hey, we're all lobbing grenades at that point, so why the hell not, right?
For context, I'm currently being sued for something that every attorney I talk to says is a "total bullshit suit", yet it's been going on for two (almost three) years now.
The supreme court started class actions in the US, the supreme court ended them (in practice).
In reality though, your problem is with Congress. This had nothing much to do with class action lawsuits, and everything to do with the federal arbitration act and whether it preempts state law. Congress could trivially fix this by adding two sentences to the law.
Even if you could sign away your right to sue, these are contracts, so things aren't so black and white. We're talking civil law here, which means even if you did sign away your right to sue, you could sue anyway. You'd break the contract, which would open you to counter-suit, but hey, we're all lobbing grenades at that point, so why the hell not, right?
For context, I'm currently being sued for something that every attorney I talk to says is a "total bullshit suit", yet it's been going on for two (almost three) years now.