Won’t the customer consent just become a line in the T&C’s and unless you accept it you can’t use their service? This would be a similar situation to the cookie disclaimers.
It's entirely feasible to have two classes of customers, right? One that agreed to the provision, and one that didn't. One that gets a 500GB data cap, and one that gets 150GB, say.
Just because you serve a customer doesn't mean you must serve them equally. Afterall, technically, they are serving the customer, right?
> (2) Charge a customer a penalty or offer a customer a discount based on the customer's decision to provide or not provide consent under paragraph A.
It's against the spirit of the law of course, but maybe not the letter.
Nobody cares, what provider does. What matters is whether or not you sign a damn consent form.
Suppose, that there is a popular mobile App, written by Zhang Li Ltd. The App allows you to buy travel tickets, receive discounts in local stores and upload contents of your address book to it's servers. After a while you notice, that everyone uses it. Your local store no longer sells large amounts of grocery unless you make a reservation from The App. All train tickets must be booked by using The App. A bunch of local utilities stopped accepting payments unless you send them via The App. The thing is just so convenient!
One day you notice, that The App requires you to sign some "consent form" in order to use it's advanced features. A month later it threatens to delete your account if you don't "consent" (of course, it won't say so directly — "our ML algo detected, that you are Russian hacker! plz confirm your identity! account secuuuurity!" — that's how it will roll). The App is absolutely not connected to your ISP — it's authors just want to buy the data, that's all!
Reminds you of anything?
You can go on a web browser even a phone browser and do almost all the activities you can do in an app, and not deal with the T&C of the app once declined. Of course, no one does because they can't be inconvenienced. Again, you might believe that you can't check your Facebook/tender/whatsapp/Snapchat/etc, but that's generally untrue for most of them..
In most places due to govt regulation, you only have one or two ISP's serving a geographic area. So the T&C in this case have an actual impact, not some mythical and perceived injustice by "big tech".
Those app providers have the right to suck every last detail from their meatspace, down to what color socks they like on Tuesday and sell it to Hanes.