Yes, the people that are looking at suing BT were business customers!
When approached about it, BT outright lied that they were anything to do with the anomalous browser behaviour these guys noticed.
Add to that, I think it's under the DPA, trialling a system on live customer data is illegal.
I'm awaiting responses from Aquiss and IDnet regarding their policy regarding Phorm. Zen, so far, seem to be the only one that have stated they will have nothing to do with it.