I'm sorry, but this is product mis-representation, and is covered by existing laws.
I bought the top tier at my ISP, as I was aware the lower two (now three tiers) are throtteled during peak hours, for four hours, after either uploading, or downloading 3GB. So back in 2009, this translated into a terrible service, with 10Mb/s dropping to 2Mb/s, and the upload, which I need most, and was already small to begin with dropped similarly.
If they were to do that now (they told me I did over 400GB last month), I'd hand it over to my lawyer.
Ulimited, means umlimited. If you mean something else, then say something else. I'd go nuclear war on this one...