You may get some relief from the Federal Trade Commission, whose pursuit of AT&T on the subject likely pushed the network to raise its throttling limit and make performance a non-issue for most users. However, this all but rules out any private action. Telecoms often prefer arbitration for disputes precisely because it works in their favor. The payouts are bound to be smaller than they would in a class action potentially representing millions of people, and it's frequently not worth the cost as a result. Unless the law changes to forbid arbitration clauses in contracts, you might not have much recourse.