Doing something that's not illegal is not a loophole. A loophole involves doing something that would otherwise be illegal in a manner that makes it ambiguously not illegal, often due to a poorly-made law.
A lawsuit is about harm. If it's a civil lawsuit, you can absolutely be sued for doing things which you know to be harmful to others, even if they aren't crimes. That's what a tort is. The purpose of such private lawsuits it to give people a legal mechanism for redress that doesn't involve physically attacking each other or trying to legislate everything.
The evidence isn't difficult to search for, and your 30 second "look" at two sources from the Wikipedia article doesn't exactly amount to a meta analysis.
