To me, the high cost of an i3 fob is worth the security that leads to this cost. A human must process a fob purchase request and verify one's driver license and registration which take time ($$). Each i3 is limited to a fixed number of fobs during its lifetime, so someone must update a database to reduce one of the available fobs. The new fob must be programmed to the i3's VIN, probably also by a human, and then packed and shipped by a human. So there's a considerable labor cost associated with buying a fob.
I predict that any class action suit would fail when BMW explains the cost of security.