you're never gonna win a class action because
wearing it 'one cup off the ear' is clearly just you using it wrong /s.
i feel like it's ridiculous this part is made of plastic, especially since the $30 hyperx cloud can afford some stamped metal elements in this position. but if your headset keeps breaking in the same place, and you keep buying the same headset despite the flaw you've experienced before... you're just an idiot. (not saying OP is, but some of the people i found on google defenately are...)
vote with your dollars, buy a headset that's well built if you want it to not break.
i'm onto my second hyperx cloud, the reason for getting a new one was because the material on the headrest was starting to deteriorate, and several falls had bent it a bit out of shape.