I also complained to the BBB and it worked...
I too complained to my local BBB about the caps in Reno, NV. a few months ago. I was pissed that I was notified AFTER signing up that there would be a cap and that if I went back to my old DSL service I would still have a cap.
Within a week they were no longer monitoring my DOWNLOAD usage - only my upload. When the next billing cycle happened it said at the top of the bandwidth meter:
"If you do not see any usage for your high-speed Internet service listed in the online tool, you will not be charged for going over the included usage amount. "
And its no longer monitoring my upload or my download usage.