The problem as pointed out in the article is that they didn't disclose that they...

		pmorici on Sept 6, 2013 \| parent \| context \| favorite \| on: 16 Major Firms May Have Received Early Data From T... The problem as pointed out in the article is that they didn't disclose that they are doing this to their lower tier customers. It looks like it only became public knowledge once the excerpt from the contract specifying the three tiers was included in the wrongful termination lawsuit.

I totally missed that. Thank you; I agree that should be corrected.