Why wouldn't somebody sue? It sounds like this service cost a minimum of hundreds of dollars, which is enough to be significant, but still small enough to fit within small claims. If I were one of these customers I'd certainly consider it.
Not necessarily. They could simply settle with those who sue and not let it get to court. I bet not even 10% would even sue in the first place, so they could still come out well ahead. I wouldn't be surprised if they accounted for that in their planning when doing this in the first place.