it seems hard to define what unexpected means, and that case laws to establish them would take ages, be difficult to predict for a long time, and can be avoided by the company settling discretely, and prevent any actual precedents.

Legislation should be written so that litigation wouldn't be required to uphold consumer rights.

Imagine similar concept to GDPR, but for consumer rights that must be adhered to, or be fined. You cannot sign away your rights under GDPR, and you automatically get those rights by virtue of being based in Europe.