It's been established (and admitted to by Apple themselves) that the throttling was not properly explained to consumers.
False. The retail and support staff were not informed of the throttling. See my other comment.
They have an article about hardware microphone disconnects, prolonging battery life, etc. yet they neglected to write an article about hardware throttling.
It's almost as if they had a hardware problem and instead of issuing a recall, they quietly pushed a software fix. No, that can't be it.
I'm asserting as fact that Apple retail and support employees were kept in the dark about throttling. So, even if you had Applecare, your "genius" would tell you that your phone wasn't slowing down (you were imagining it) or that the slow down was an inevitable result of ever more complex OS upgrades. The end result is that you were told nothing could be done.
So no one was told the simple truth. That poor performance was related to poor battery health and could be rectified by a simple battery replacement.
We're specifically talking about lower CPU clocking. Now, are you claiming to have known that Apple was throttling Phones with aging batteries before the rest of the world? Because well, that's a pretty amazing feat.
Actually I bought my iPhone 6S in Australia and had the battery replaced for free in Vienna under their battery replacement program. It was done in 45 minutes.