The law obviously isn't as simple as that. If I agree with an electrician that I will pay him or her to install a switch that we are both aware is unsafe and against building codes, that is still illegal.
That isn't really relevant here, though. The contract in this case is essentially "We'll give you a good deal on high-speed Internet in exchange for letting us serve you context-sensitive ads. You can of course opt out of the ads, but then we'll charge you more." No element of this contract involves breaking the law, and no element of the contract places unusually burdensome requirements on the customer — you just decide whether you'll accept $30 to let AT&T show you some ads.
(The fact that AT&T's ad-supported plan is not a better deal than Google's fiber plan is not really material. It isn't generally illegal to have an inferior product or to charge more than your competitors for the same goods.)
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