This is very common now. Xbox Live was already updated to indicate this as far as that service goes, and Sony did the same with the PS3 (actually Sony did it first). AT&T has been doing it for a while since they got sued so much over the iPhone.
Being a forced member of various class action suits over the years, I have never seen anyone gain anything except the lawyers that are usually the ones who rally the troops to start the class action in the first place. They make millions, and we get peanuts. I got a check from ebay the other day, which I didn't even know I was in a class action suit with, for 17 cents. Wonder how much the lawyers check was for...
The only good ever to come out of the lawsuits is that it sometimes makes the company change it's ways of doing things, but in reality, it will just breed more class action suits.
Don't blame Microsoft on this one, the Supreme Court ruled last year that companies can require individual arbitration versus class action.
Now with all that being said, how many times have we all had the need to sue Microsoft over their Windows product? I have been using it since 3.11, and while it sure hasn't always worked perfectly, I never felt the need to call up a lawyer.