[audi100quattro]

The current Title II framework allows the FCC to look at cases on a case by case basis exactly for this reason. If you are making all VoIP traffic faster, it's ok. If your ISP does consumer unfriendly behavior (low data caps, zero-rating some services, paid/unpaid prioritization) and enough people complain, Title II gives FCC the authority to fix it. Without it, it won't be up to FCC at all or FTC.

[remotehack]

Consumer unfriendly behavior, your words, strongly suggests that it isn't a communications issue; rather it is likely a consumer affairs issue.

https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consume...

Specifically:

https://www.ftc.gov/system/files/documents/public_statements...

"A simpler consumer protection solution exists. Congress should fully repeal the common carrier exemption in the FTC Act, and enable both the FTC and FCC to protect consumers and the openness and innovation of the internet."

https://www.insideprivacy.com/united-states/federal-trade-co...

"The FTC argued that if Congress really intended to divide jurisdiction along industry lines, it could have exempted from the FTC’s authority everything subject to the Communications Act or the Federal Communication Commission’s (FCC’s) jurisdiction."

[audi100quattro]

Consumer unfriendliness can be at multiple levels, not just in a falsely advertised plan. The FTC sued AT&T over wrongful advertising and changes of a data plan, a consumer affair issue.

Figuring out whether your ISP is correctly being the common carrier it needs to be (correct or incorrect prioritization, 0-rating, caps, etc..) is definitely a Title 2-related communications & FCC issue. The FTC can continue enforcing what are consumer affairs issues related to ISPs being broadband providers. The FTC's legal reasoning is correct, getting rid of the exemption as I understand it would give them more authority if their current argument is rejected in court.