What is more insane is that only through Class Action can this suit succeed. Why? Because as the current trick by government agencies is that if they think the court case will go against them they return the money before the ruling. This voids the case in the eyes of the court by worse puts the victim on the hook for attorney fees[0]
The US Supreme Court just recently struck this down in a first amendment case, where a university said “Hey, we changed the rules, you now have no standing to sue.” The Supreme Court said “There was still damage, so they still have a cause of action.”
People underestimate the impact of that case. 2nd Amendmemt cases can actually have a leg to stand on if a group is willing to push it hard enough. There's still the certiorari hurdle to traverse, but it'd be nice to see the justices set their minds to it.
4th as well as 2nd will benefit greatly from closing that loophole but it will likely take a decade or more for the courts to hand out a sufficient number of "no you idiots this is covered under our previous ruling X" type of rulings.
This trick has been going on for 30+yr. States have been using "well we gave it back u no longer have standing" to keep their unconstitutional laws out of the courts since at least the 90s.
[0]https://reason.com/2019/11/21/with-this-forfeiture-trick-inn...