In response to Cordelli's comments, I go back to my warning about reading the contract and the offer critically and carefully. If they say you have unlimited and after the first five gigs we are throttling you then you have a right to throttled internet after the first five gigs. If they materially alter the definition of throttling you could have an issue.

instead of using a speeding analogy, let's use a Brazilian style steakhouse as an example. If after two big plates of steak, the manager says it "is still all you can eat," but I've instructed the carvers to only come to your table once every four hours starting from the last carving you just received, I think you can make a frustration of purpose argument. I think you can look to past conduct to interpret what throttle means. If you can receive your emails and do basic web surfing, I think it will be upheld. If they give you the equivalent of a 300 baud modem (remember those), you might have an issue.

Do your homework, be analytical, and have a disinterested party read your arguments and the clauses you are quoting.

For the record, they started the same thing in San Diego last month. Until maybe mid 2010 the cap was at 10 Gig and then they throttled you to ~128k which is still quite functional for 'most' things on a smart phone. Then they lowered the cap to 5 gig but still throttled to ~128k. Then this month at 5 gig they throttled to the point that most things are unusable. For instance under the current throttling, voice commands that rely on Google servers fail or barely function because the data link to the server is to slow. Navigation can not load maps fast enough to work right. Installing apps from market takes 10 minutes or more and fail about half the time. So when you hit 5 gig they now 'effectively' almost completely disable all the data applications on your phone.:td:

Problem with that is the cap also applies for folks like me who have an internet dongle (whose primary function is to be connected to a computer) as the only source of internet while on the road (I had to get something, as the internet in the hotel I've been staying in was incredibly slow). Before they got Sprint 4G up and running in that area, I'd hit 4-6GB on average over the course of 30 days just using the internet, downloading updates and watching a few YouTube and Hulu videos. Luckily for me, they didn't start enforcing the slowdowns until after I'd switched to the (currently unlimited) Sprint WiMax.

5GB on a phone is a stretch, but imagine if that were your primary internet connection?

Yes, I use a tether too - which TM allows and is great for people like me who have eyes that aren't good enough to see the small screen. As Mabuk says the slow speed basically makes many of the apps useless.
The purpose of my post was not to get advice on suing or whatever, but just to warn people. I'm going back to a landline and a mifi type or cable for internet and I'll pay the cancellation fee and regard it as a very expensive lesson. If TM had just done what they are doing now when I got the phone 4 months ago I would never have kept the phone - that's the issue! Oh - and since my landline won't be connected for a few days TM is going to charge me for AN ENTIRE MONTH for the 2 or 3 days until I can port the phone number to the new service. Not much I can do about it as I'll be out of the country for the next 3 weeks:(

BTW - it is slower than a 14.4 old dial up (yes I'm that old :)