To play devil's advocate: does cutting back on the transfer rate constitute a data limit? Users that hit that 5% threshold aren't blocked from sending and receiving data, they just don't get the same transfer speeds.
Granted, it sucks to see this happen, but if transfer rates aren't also specified in the plan/advertising it's hard to argue that this represents going back on an "unlimited data" promise.
Granted, it sucks to see this happen, but if transfer rates aren't also specified in the plan/advertising it's hard to argue that this represents going back on an "unlimited data" promise.