Originally Posted by The Lord Lucan:
“Still advertising unlimited, no disclaimer, no mention of speeds cap in terms on main page or when you sign up. Not good.”
Unfortunately, they didn't have to change anything to mention the speed cap. Here's what the ASA said:
Originally Posted by ASA Ruling:
“In relation to download and upload speeds, we understood that the setting of maximum speeds of 4Mbit/s for downloads and 1Mbit/s for uploads applied to all customers on the Full Monty plan and therefore were not restrictions to particular individual users or indeed restrictions targeted at particular activities or types of content. They were, in effect, the maximum upstream and downstream speeds of the service. Consequently, we considered that these restrictions were not relevant to the consideration of whether the service could be described as "unlimited". We further noted that there were no references to specific speeds for the service and consumers were therefore unlikely to have expectations that they would be able to achieve speeds in excess of 4Mbit/s for downloads and 1Mbit/s for uploads that would render the maximum upstream and downstream speeds as being immoderate restrictions.”
T-Mobile gave them a load of rubbish and they pretty much swallowed it wholesale. The only bit that was upheld related to tethering, which hasn't been allowed on Full Monty plans for a long time now anyway.
EDIT: Should have been a bit clearer. They upheld the bit about P2P slowdown, especially in light of tethering being allowed (which it isn't, any more), but didn't uphold the bit about general speed caps.