Having clients in the driver's seat is a stronger solution. If lawyers had to solicit clients, and settlements had to be approved by them, would cy pres or coupon settlements ever happen? Would the case we are discussing right now have been settled for such a small amount per plaintiff?

It's true that some other cases, where the harm to each individual is tiny, won't be brought at all, but I tend to think such harms are better suited to be ameliorated by regulators rather than through the misuse of the tort system.