Most people won't even know how to fight this or that they didn't "use" that much bandwidth. Couple that with people who may only get charged a few bucks and just pay it...it all adds up to a great scheme to make profit.
Don't worry though, if they eventually get caught, they'll have to pay a fine that is a fraction of what they made from the practice...soo...ya know, justice.
It should be more than 100%. That would still make it a profit generator that you're going to get caught (say you're running 10 scams and you get caught on 7 of them then you still have profit from 2 of them).
Jail time for executives will get more than fines, but the fines should be much more than the amount taken in...they should have to pay for the government investigation, the gross amount taken, then refund the customers the full amount as well.