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I suspect the vast majority of people never read the TOS and decide to sue, or not, for completely independent reasons.


In general, I'd say that if you are getting a lawyer involved, you need to have fairly solid evidence of real loss of a value more than about $20,000, otherwise the fees are going to eat up any award you might eventually get (don't forget even if you get a favorable judgement the other side can appeal, and will if they have staff lawyers who are getting a salary either way).




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