Again, Net Neutrality is a routing rule. Your router is either neutral or it isn't (and when it isn't, maybe in various degrees). It has nothing to do with the law per se. If I build my own router in my intranet that routes to i.e. give priority to my computer, then all other nodes, my router is no longer neutral; but that does not mean that it is "fraudulent" (I own the thing! It's obviously impossible to defraud myself).
Now when I sign up with my ISP, I expect that, absent other agreements, they won't care about where my packets are address to or from, just if I'm exceeding their bandwidth limit I agreed to - the only terms they mention that would result in packet loss.
If they end up dropping packets on some other mean, I'd call that fraud. But fraud is not for the FCC to enforce, and it has little to do with one ideology vs. another.