FTC would bother because most ISP Contracts and even advertising says Actual Speed maybe different from advertisement.
Like many DSL users see low speed because too far from CO.
How do you point fingers when Inet is slow? To access most site/services your connection goes thru 2-3 peer points, often more.
Local ISP and Peering point can be fast as hell but a server/service can still be slow because of many things, including the server itself limits transfer speed to any one client. A slow service is better then a service that times out to get a connection. Even MS Update services limit DL speeds so more people can access the service. MS spends Many Millions of $ just for Update service.
Level3 and others can and will throttle any connection using undersea fiber because these connections have fix amount of bandwidth. Even uses land base fiber, many have same bandwidth limits.
Is why Google Gig speeds are a joke. Local ISP doesn't matter when Backbones and Peers are stuffed. Faster back-end can take years to build and even then you still will see services limit speeds.
------------------
Dr. Ian Malcolm: Yeah, but your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should.
(Jurassic Park)
The Ogre's Fiero Cave (It's also at the top and bottom of every forum page...)