Here is what the FTC says would have been valid options:
"Defendant has numerous alternative ways to reduce data usage on its network that do not involve violating its promise to customers. One alternative would involve Defendant requiring existing unlimited data customers to switch to a tiered data plan at renewal. ... Another alternative would involve Defendant introducing its throttling program at renewal, with disclosures at point
of sale. ... Yet
other alternatives might include limited, narrowly tailored throttling programs that are consistent
with Defendant’s contracts, advertising, and other public disclosures. "
So essentially, you'd end up in the same place, but you would have to be informed about it. And might be able to leave without ETF.
Which is really the way it should work. Let AT&T have all the crappy customer-hostile policies they want as long as they fully disclose it in a sufficient manner to their customers.
Then, their customers can vote with their money and go to a competitor that offers more for their money. That's the way it SHOULD work, but probably won't :(
"Defendant has numerous alternative ways to reduce data usage on its network that do not involve violating its promise to customers. One alternative would involve Defendant requiring existing unlimited data customers to switch to a tiered data plan at renewal. ... Another alternative would involve Defendant introducing its throttling program at renewal, with disclosures at point of sale. ... Yet other alternatives might include limited, narrowly tailored throttling programs that are consistent with Defendant’s contracts, advertising, and other public disclosures. "
So essentially, you'd end up in the same place, but you would have to be informed about it. And might be able to leave without ETF.