In my opinion if people responsible for the choice of such and not another metric realized it will mislead the clients, then it was a fraud. You can do a lot of philosophical gymnastics proving fraud or no-fraud, but in the end of the day you're communicating something to your clients, and if you deliberately confuse them to think your product is better than it really is, is a fraud.

So it probably was a fraud, by my standards.

I'm considering buying Starlink access, but now I have to rethink what it really offers - maybe they use some different than common metric, which is 'technically true' but miscommunicates the actual performance?