class action is likely better. a good lawyer has a better chance of winning than any one of us showing up in court. that will cost some amount of money. and yes, I'd be willing to look at that option, as it becoming clear that they have no plans to do anything about any of this.
Small claims court is the best. No lawyers allowed, so minimal cost to go to small claims court. It would be easy to show you ordered a product with specific performance, and were delivered something that fails to meet the specs (or not delivered anything, etc). The hard part is you have to show up in their home town court. If you live far away, that would be a problem.
I looked at small claims initially also, thinking the same thing.
I came to a different conclusion however due to these facts:
1. as you indicate this is in Texas, which I am not, and it's likely that most customers are not either.
2. I've looked into Texas law and, from what I've found, either party can bring an attorney to small claims, so one could not assume that CT will not have representation. I think they almost certainly would.
3. I think a local lawyer would be better suited to argue it, having a better understanding of the laws/courts there.
On a more anecdotal level I went to court once without a lawyer, thinking it was an easy, obvious thing. I will never do that again.
What I learned was to always bring a lawyer to court. The most experienced, respected member of the local bar as is possible.
