Verizon approach to Throttling

After some conversations with Verizon Techs, here is how their current throttling approach works:

I know of at least 2 levels of throttling.

If you have a 3g phone, consistently use more than 2gig of data, are on a congested cell tower, and have an "unlimited" plan, they will throttle you starting at 2gig of data.

If you have a 4g phone, consistently use more than 5gig of data, are on a congested cell tower, and have an "unlimited" plan, they will throttle you starting at 5gig of data.

So our "unlimited" plans work out to be a little better than the current 4 gig plan, because you can still use free data after 5 gig, but it will be throttled.  I also found out that if someone purchases a current 6 gig plan, they will not be throttled at the 5gig limit!  So much for an "unlimited" plan.

I don't understand why they have not been sued over calling it an "unlimited" plan.