There's no incentive for a private party to sue them because the losses are so small that even a class action isn't worth pursuing. Any legal action would have to be government-initiated. That's unlikely in the US due to the current political climate, and EU action would do nothing for us across the pond, and vice versa.
In the US that might be true, but a small claims action if they locked someone out of a large number of previously purchased games wouldn't be out of the question somewhere like the UK.