this whole situation reminds me of the Motorola 710 for Verizon a while back. It was one of the first Motorola Bluetooth flip phones that Verizon brought out. This phone was the start of Verizon crippling their phones a significant amount. Sure enough, there was a class action and people were given the option to get a refund, cancel without an ETF or have like a month of service free.
The only thing that the people had against Verizon was the fact that there was ONE ad that said the phone had bluetooth. In the end, the class action suit fought the angle that the ad was misleading. This is the exact same thing. If enough people get together, there will be a class action, and they will likely go back to the Moto case and the people will likely win again.