A better analogy would be if the car didn't come with airbags, but even that is not as good because you have no way of knowing if someone listened into your conversations whereas airbags let you know just fine.
Ford once paid $300M for a faulty airbags thing, but that was negligence whereas this is fraud. Of course this isn't a lethal risk.
I would think the case would have legs. Haven't a clue how much for.
