This story is popping up all over the net.
An ISP not supplying what they are selling , and not making this right, in whatever terms, is in itself a virus that plagues the wellbeing of the net. For example if I myself have ten widgets per month to sell, yet I have 15 people that want one widget per month, basic reason explains i cannot supply the widget wanter.
Though in ISP terms, I can sell 15 or even 30 widgets per month, since in ISP terms the money is up front and I might lock you into contract to pay, even if I can't get you that one widget a month. What are you going to do about it? Nothing.
It's theft plain and simple. And at the rate in which some of these bandwidth suppliers are stealing, many could be held criminally liable. Yet when your connection is much slower than you might expect it to be, compared to what your bandwidth package is , for some reason we don't see this as someone stealing our cash. Strange.
So we can complain on the net, which is in fact what so many use the net for at any rate. Now we see some very interesting things happening with this specific ISP, where they felt they should not be subject to someone posting a legitimate review of their service, and files a law suit. Which seems akin to the crack user calling the law on the dealer claiming the crack was bunk.