It really turns on, who has standing to sue, and for what. E.g. a shareholder can sue for a company's misrepresentations concerning the company, as that potentially affects the shareholder's ownership of the company and governance rights; but the shareholder couldn't sue on the company's breach of a contract with a consumer (at least, not directly--I wonder if a corporate malfeasance claim could be brought).That would mean in a situation where there is a proven pattern of misrepresentation by a company, the plaintiff would have no standing to sue. Doesn't really seem logically possible. That's why I say no one really knows, until you ask firms that do this legation, and even get more than one opinion.
Maybe your thinking of Tort Law.
(But probably more than enough law for this thread; I apologize to other readers for the detour.)