That's a very different situation: they didn't downscale anything — the service used traffic shaping which caused most services to fall down to lower bitrates but they weren't altering content, which is why it still applied to HTTPS – and that wasn't a “discovery” as much as “reading the announcement”. The emails and SMS sent to all of their customers first and those messages included the opt-out link.

In contrast, the super-cookies were only discovered by people noticing unexpected headers in the requests their servers were receiving. There was no pre-announcement and it took publicity to get opt-out instructions.