Kali,
Tort is a separate area of law from Contract. This has nothing to do with tort which deals with negligence and intentional torts such as trespass.
This case has to do with promises made to induce the public to deliver money to FW to obtain a benefit. It has to do with duties between two parties to a contract. May I ask all those who find FW's behavior acceptable, did you actually buy a membership or are you just throwing in your two cents? Perhaps your feelings about damages would be different if you had made a payment to FW.
Contracts have covenants. Those covenants can be implied or express. Perhaps you should read a book on Contract law. You don't indicate your location so I don't know if you live in a common law jurisdiction or not. Keep in mind that the law of continental Europe is based upon the Napolionic Code while the UK and the US use the common law. I am not really interested in giving a course in US consumer protection and contract law, but your analysis is flawed by your misunderstanding of the law.
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