Or, in the US, you can just make your customers sign arbitration agreements and deal with it on a case by case basis without incurring any significant penalties. See Equifax, Yahoo, Apple, and pretty much every data breach ever. If those companies didn't have arbitration agreements, it's only because they are behind the curve on this trend of doing an end run around the judicial system. Sorry, I fail to see how this hurts big businesses in any of the ways you list.