Regarding actual damages, popups about data limits that appear to come from my page can easily damage my reputation or give the false impression that I have so9me kind of relationship with Comcast.
Since they are making a new derivative work without the authorization of the copyright holder, they are probably guilty of copyright infringement. The remedy for that could include statutory damages for each work they infringed of "a sum of not less than $750 or more than $30,000 as the court considers just"[1]. However, since the infringement was patently willful (they published an RFC explaining their intentions and methods), "the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."[2]
Slower pages are clearly linked to lost revenue (even a few milliseconds has been shown to affect conversion rates). This would be an easy case, I think.
