Our ISP has recently enacted data caps. The first time they threatened to disable our account for going over, I pointed out to them that:
- My firewall has logged tens of gigabytes of dropped/rejected traffic.
- That if I ran a TCPDump on our WAN interface, could see management and broadcast traffic for neighboring CPEs (modem).
- That I know for a fact (I used to work for them in a previous iteration) that their network isn't built in a way that would allow them differentiate their management and monitoring traffic from individual customer traffic.
- And finally, that the Layer 2 & 3 statistics of that WAN interface were nowhere close to their own statistics for the account.
They have yet to respond to that complaint, despite going to the FCC. I really wonder what would happen if one were to take their ISP to court with the proper documentation.