These types of "agreements" are never intended to be heard in court. They're to scare the average user. Sort of like what patent trolls do (try) to victims who choose to fight.
This is how low down this company is. At the level of patent trolls. Disgusting.
This is why they can require you to waive your rights to participate in a class action. If you look at the ToS for every company you do business with, you'll probably find that several of them were revised almost immediately to take advantage of the AT&T decision. (PayPal comes to mind.)
IANAL but my understanding is that class action lawsuits are basically done at this point.