Serious question- Would this have been possible if Google had put in their contract that all parties waive their right to a class action? Many companies do this now- Microsoft's xbox live, for example not only forces you to forfeit any class action lawsuits, but at the time I stopped using their services, I believe they also required meditation with a mediator to be chosen by Microsoft. I sold my xbox 360 and never looked back.
edit- I also remember specifically Microsoft releasing a TOU update just days after, if not the day of, the ruling allowing companies to do this came down.