Slap suits are silly. And the idea of a class action suit against GoGo and parent Aircell is silly. While I don't disagree that the pricing model is currently flawed, the reality of the case is there is competition for GoGo and airlines have the choice of which provider they choose to use, as Skift.com points out.
The issue though is that we don't have a choice in the air of which provider we use, any more than people who want soft drinks when they go to McDonalds do. McDonalds only offers Coke, not Pepsi. And until the operators of the in the air broadband networks can figure a way to offer an MVNO like play in the sky, don't expect to see lower rates.
That said, iPass and if I recall correctly, Boingo customers have roaming deals so there are some options so this case while having some rational merit, on face is not meaningful. Personally I'd rather see more planes offering Wi-Fi. The inconsistency of planes from SouthWest with Row44 makes it impossible to pick that airline over those with GoGo and I used to be an A list flyer with SouthWest. Also when I look at the productivity I get when I fly on Virgin America, have in seat power, friendly flight attendants and Wi-Fi, I really don't worry about the costs of a monthly fee I pay GoGo because the time saved, stress removal easiy outweighs the cost.
This comes at a time when the international airlines are adding Wi-Fi as American Airlines just announced.