Or maybe the FTC could step in. https://www.techdirt.com/articles/20140608/07411627511/forge...
This is an issue of customers not being able to use what they purchased, eg The Internet.
The water was arguably muddy when they were advertising "Speeds up to X", but now when their own infrastructure is incapable of providing what they're selling and they are fully aware of this, they no longer have a leg (or argument) to stand on.
Either way you cut it, the ISP is in the wrong. The peering point is 100% within their control, and Level3 has gone above and beyond to try to ease congestion, the ISP has outright refused.
How on earth can you side with the ISP on this - do you work for one?