It's also a lie. AT&T currently has a slow lane. Eg, I have fiber gigabit duplex, but for encrypted uploads to unknown servers, I get throttled to 10mbps. This restricts VPN traffic to many companies, including mine 10 miles away. This also restricts bit torrent traffic, and AT&T employs some sort of Sandvine like service that sends disconnect messages to users downloading from AT&T.

As far as I know AT&T has not created a slow lane for download speeds, which is why most people probably do not notice.