Relevant to this, I've recently noticed a trend of mass tort cases being opened up in the past couple years, and they seem to do very well. The way these seem to work is attorneys identify a company who has clearly ripped people off, and what I presume is a repeatable way to guarantee a win (thus translating to a guaranteed settlement offer). Then they advertise for eligible clients, sign those clients individually to contingency agreements, and run the playbook. A couple months ago after signing up for one of these, I received a check for about $350 (after the agreed-upon 40% attorney fee), from Ticketmaster, and I had another one related to AT&T. It took about 10 minutes more effort from me than a typical class-action settlement, because I had to e-sign those representation papers.

So really, there's a third option now, that's much easier than class action, even when class actions don't get certified.