Earlier quoted context omitted.
Surely there's a reasonable expectation that Netflix would work at decent speeds, especially given that Netflix's infrastructure, nor the network load as a whole are to blame, but rather the specific ISP bureaucracy? Getting 1/1000 the listed speed does not strike me as something even a 75 year old computer neophyte of a judge would take kindly too, unless it were for very good reasons.
I don't think there really is much that can be done. Even under ideal conditions, an ISP could only possibly guarantee the advertised link speed between you and their routers, not between you and any particular node on the Internet. Is it possible an ISP might be doing things that harm the QoS? Yeah, sure. But the angle to approach that problem is not by complaining about instances of limited bandwidth.
All I'm getting from this is that it's a good idea to label ISPs utilities and bring the hammer down if they're being knobheads about it.