Of course it is, but you would have to prove it, not them, in a class action case, which is very costly and hard to do. I have been in several class action cases and what I recovered did not even match my original investment after years of litigations by the SEC in behalf of the harmed shareholders. The only good thing about loss is that I can write them off as a loss for income tax purposes when they are delisted from the exchanges, but that does not help my profitability in trading nor my margin accounts.
I have written to my Congressmen, State representatives, and State Attorney General to provide more protection for share holders in any publically traded stock. I want the state laws changed and require more public disclosure of share structure and financials before any out-of-state company is even allowed to do any public stock transaction in my state. A SEC disclaimer is too easy abused and as the Federal Regulator for all states, I often find them not doing their job protecting investors and when they do it is just a slap on the hand.