A Tumblr vs Troon class action would be a frivolous use of our courts, highly entertaining to watch, and very expensive.
Litigation is expensive, and class action litigation is outrageously expensive. As a result, plaintiffs class action attorneys operate like venture capitalists. If they believe a potential case will settle or pay out, they'll take it up, and front the costs. If they don't think there's any money in it, they won't touch it, however it aligns with their values.
Which is all go say, good luck to the troons finding representation. But I hope they do. It'd be a glorioushow show.
Should the troons find representation, they will have a devil of a time getting certified. They'll need to, among other things, show a common issue of law or fact, and that a class action is the superior way to address it. Just being banned sexual degenerates won't suffice. The defense would likely argue that each banned troon would require an individualized factual analysis. Like, what's the user's history? Did they violate ToS? Did a janny ban them, or was it an algorithm? Many class action suits have been slain by such arguments.
The best part would be the adequacy of class representatives. In each class action, you've got a class representative/lead plaintiff, bringing the suit on behalf of the entire class. Being a class rep exposes you to an incredible level of scrutiny. It'd be interesting to watch who the troons offered as their rep, and even more interesting to watch them get brutalized by defense lawyers.
