So, basically, the only cost effective way to litigate the case is without a lawyer in small claims court or consumer arbitration, even though representing yourself without a lawyer greatly reduces your chances of success on the merits.
Essentially, our system is designed to get close to justice in the most important disputes, as measured by the amount in controversy, while it tolerates small injustices that are not as damaging (in raw absolute dollar terms) as big disputes.
This is unfair, but the source of this unfairness is intrinsic to the nature of the problem (rather than simply being a matter of artificial bias created by the people who designed the civil justice system).
Also, this unfair bias comes close to maximizing the aggregate improvement in economic value that the legal system as a whole can provide for a given legal of expenditure on this system.
Basically, at a fundamental economic level, the economic costs of justly resolving small wrongs can be greater due to the deadweight loss of litigation expenses for the economy as a whole, than the economic benefits of resolving the wrongs fairly (which provides not only justice to those involved but also provides an incentive to act justly in future transactions before one knows whether a problem or dispute will arise).