Why wouldn’t you want to pool bandwidth with your neighbors so you could all get faster speeds when you were using it instead of rate limiting everyone?
I can't sell you a pony made out of diamonds because that's impossible. Consequently, there is no legitimate reason for me to be advertising the sale of a diamond pony!
So, the defense of using a misnomer to name your service is because the service warranted is actually impossible to supply given the margins?
Call me a fool, but that still seems like a company that is getting away with lying to the vast majority of people that don't bother reading the asterisk ( like T-mobile style "Unlimited" plan that gives X amount unthrottled, and some arbitrarily low rate after).
Criminal issue? Of course not, that's why the companies present such things this way.
Dishonest? You bet.
It's gigabit speeds until all your neighbours suddenly want to download something too.