This is pretty much completely oblivious to how the system really works. As schwarz said/implied, unless you have decent money, you will never get to arbitration. Even if you have decent money, the bank always has more, and they can keep you from resolving your situation as long as it takes for you to drop it. Absolutely, lawyers take advantage of class action for their own benefit. But their greed benefits the consumer in this case. Yeah, one out of a hundred thousand consumers don't get to win the lottery. Instead, all one hundred thousand consumers get to punish the institution and get something for their loss.
As stated before, the entire argument hinges on "Yeah, you'll get screwed, but fuck those lawyers, am I right?" Shifting from the real enemy to a faux enemy so the carrot stays out of reach.