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It already is, hence the lawsuits.

No it isn't. IANAL, but I believe class action lawsuits deal with civil, not criminal, offenses.

Don't be so fast to downvote the grandparent if you didn't understand the question.

Yes, it is illegal in a criminal way, thus the original DOJ investigation and settlement between these companies and the DOJ.

That's not what "criminal" means under law.

Why are lawsuits needed if it's criminal?