I'm an attorney, but I don't practice in the area of commercial litigation like this, so I don't want to comment on a topic I'm not qualified to discuss.
But here is another thought: You might be better off marshaling your forces to file complaints with the Federal Trade Commission and your state attorney general offices that have consumer protection/fraud divisions. There's no cost to doing so. The FTC or state AG can opt to not do anything (they get A LOT of fraud complaints each day and have to figure out how to best use their limited resources).
The only point of suing BFL would be to recover money from them. If BFL has been running a scam, then the money is probably long gone. You could end up with a nice judgment that's worth the paper it's printed on. I have several clients with judgments that we'll never be able to collect. It can be a waste of time and money.
Also, don't waste your time suing BFL in small claims court unless it's in the jurisdiction where BFL is. They are located in Kansas. If I sued them here in Indiana, I could get a default judgment against them, but then I need to find a way to get that judgment registered in Kansas so it becomes a Kansas judgment.
I understand the desire to go after BFL for what appears to be a scam (maybe it is, maybe it isn't). Just be aware of the practical problems with doing it before making the commitment to launch a lawsuit.