The opposite of this move is throttling the performance to prevent battery sadness, of course, but that's more of an Apple realm, while both actions are somewhat unpalatable for the honest hardworking American. One of these folks, Daniel Norcia, filed a lawsuit about the misleading practice way back in 2011, excerpt of which you can read in the quote below, and it has now gotten some moves and traction up the litigation ladder.
While Mr Norcia also included unfair reporting on the built-in storage, we've all come accustomed to a lot of companies listing the total amount of memory as if there is no operating system and stock apps to eat up some of that space on initial boot. Phone makers have been getting better at reporting the "user-available" memory, though, so this part of the lawsuit was dropped, but the benchmark cheating stays, and is now awaiting the input of a U.S. magistrate judge as soon as next week. The current U.S. District Judge that was presiding over the case, James Donato, had already quipped that "Samsung rigged the deck, fixed the game; and as a result of that, consumers were misled about the speed of the phone." Samsung, you Tony Soprano of the mobile world, you.