While I am a fan of EFF and the work they do, I too have started to notice this recently. The title of articles have become borderline click-bait and sometimes conveniently omits vital information that may help better understand the issue. The most recent one is "Stupid Patent of the Month: Microsoft’s Design Patent on a Slider" [1] [2] which surprisingly is a lawsuit on a whole lot more than just sliders.
However on this issue I am kind of split. I agree with both EFF and T-mobile. As for T-mobile, BingeOn is optional and can be disabled anytime with just a click, so it does little to nothing to hurt customers and cannot effectively be called throttling. As for EFF, they have the right to be worried that this may set a precedent for bigger control over your data in the future.
[1] https://www.eff.org/deeplinks/2015/12/stupid-patent-month-mi... [2] https://news.ycombinator.com/item?id=10802413