The problem is making the marketing claim that this is "unlimited" when it's not. Call it "almost unlimited" or something similar and you're fine.
But I get it. Marketing.
The first person who gets kicked off for this should file a false advertising suit. The marketing doesn't get to give you something which the ToS immediately takes away.
Maybe then these idiots (yes, idiots, because it takes an astounding lack of either morals or intelligence) will learn that lying to your customers is not okay.
Again - explain to me how Verizon can be successfully sued for "unlimited" data (with throttling) and how these companies cannot with "unlimited" data (with undisclosed caps).
Explain how the two cases are substantially different, please. Just because Verizon are generally bastards and the companies above are generally not does not make false advertising okay or legal.
Just curious, but you say "successfully sued." I assume you mean they were sued, went to trial, and lost. I've actually tried looking this up, but I can't find this case. I've never really paid much attention to that, so forgive me.
It was a settlement, rather than an outright adverse ruling, but the net effect was the same - someone had to tap them on the shoulder and tell them to cut it out, they did, and had to pay out for their trouble.
Yes it is.
^Conditions and Restrictions apply.
Verizon got smacked around for exactly this behavior a while ago (selling "unlimited" data, with throttling after some arbitrary cap). This is not substantially different.