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Is promising one service but delivering another not fraud?

Promises from the Heroku website pre-Rap Genius posts:

    "Incoming web traffic is automatically routed to web dynos, with intelligent distribution of load instantly"

    "Intelligent routing: The routing mesh tracks the availability of each dyno and balances load accordingly. Requests are routed to a dyno only once it becomes available. If a dyno is tied up due to a long-running request, the request is routed to another dyno instead of piling up on the unavailable dyno’s backlog."

    "Intelligent routing: The routing mesh tracks the location of all dynos running web processes (web dynos) and routes HTTP traffic to them accordingly."

    "the routing mesh will never serve more than a single request to a dyno at a time"
Actual service provided: requests are routed randomly to dynos regardless of how many requests they are currently handling or their current load.

Your definition of fraud differs from most: "Wrongful or criminal deception intended to result in financial or personal gain."

They weren't intentionally and purposefully misleading people. Not having docs up to date on your website, or you not knowing how the underlying backend works is not fraud.

As I've mentioned before if every AWS customer could sue Amazon for not understanding how all of the underlying tech worked, or could sue when some of the docs were out of date, there would be more lawyers working there than engineers.

Also the misleading performance metrics which hid the fraud.

Seems like false advertising at least.

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