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They should just stop calling their plans "Unlimited" and most of the confusion would disappear. If a dairy farmer sold you a "gallon" jug of milk but only put 3 quarts of milk in it, the FDA would rightly complain against the incorrect labeling. Likewise, if an ISP sells you an "unlimited" connection but then artificially limits your speed after certain defined caps, the FCC is justified by complaining about the incorrect labeling.