arguing that data throttling doesn't harm customers,
So, fraud doesn't harm one of the two parties, the one being defrauded?
Let's say you go to an "all you can eat buffet", at 8am, and it closes at 10pm. They sell you a card that allows you to buy the "all you can eat buffet" henceforth, but you have to pay them a monthly stipend. There is no sign on the door that says that management can limit the amount you eat, because we just opened the restaurant, and we want to get all the people in, and we have "Frank's wonder Jell-O", which no one else has. (It's apple flavored.)
Frank makes 20 batches of his wonder Jell-O, and everyone likes it. You have 10 helpings of it, and you love it, so you stay, clearing out your calendar. The management loves that you love the place, but when you come back every day for a month, on the 30th day, the place is so packed that Frank has to get help, and now makes 200 batches, but since there is such a run on the place, the management gets rid of the "all you can eat buffet" and now makes it "you can have 2 plates of whatever you like". Your card is still valid, but you can switch over to the less expensive 2 plate option.
So, later, since Frank is exhausted, they now limit your access, after you have had 5 plates of wonder jell-o in a month to now having as much as you like, but you can only use a teaspoon to transfer the jell-o back to your table to eat it. (Health codes, and just not being gross limit you to eating at your table with a new spoon. You weren't really going to sit there at the line and eat straight from he Jell-O bowl, were you?)
The management says, "Hey, you can still have all you want, but we're going to intrinsically limit you on our side."
In fact, they have defrauded you by selling you a bill of goods with one hand, and throttling the supply on the other, thereby limiting, through overt action, how much data you can get.
For those that were following the analogy:
Frank's Wonder Jell-O - Data
The Plates and spoon - Your iPhone
"All you can eat" - Unlimited Data plan
upgrading to 200 batches - going from 3G to 4G/LTE
5 plates of Jell-O: The 5 gig limit
Teaspoon - them limiting your data speed