You can get around that if it is found that Coinbase did something willfully fraudulent/negligent or performed gross misconduct.
If it was a mistake (such as the Press Guy at Coinbase thought they had License, when making the statement) it is not actionable in Court, and would be arbitration.
They had a whole office full of people that night as shown by a few pictures posted by Charlie Lee of their team "working".
Even if the press guy made a mistake someone at their office read those news stories and could have done something to correct them, but they didn't cause they where making money hand over fist that night.
The state of California had to chime up to protect people. I'm 100% sure this isn't a Press Guy mess up... it was a company rick rolling tons of folks out of a lot of money and they think they can get away with it by pulling the "dip shit card".
Personally, i don't really know the Coinbase story, I was just commenting on arbitration clauses.
If its true, you'll get your evidence in discovery and depositions.
If you find/get anything significant, they will settle with you out of Court.