Does a filter need to completely attenuate high frequencies to be considered low-pass?
Ideal low pass filter is supposed to attenuate/remove all the frequencies above the cutoff. but in practice the filters have non zero magnitude even for frequencies in their attenuation region, still they are called low pass.

if the magnitude of filter is quite high for frequencies above cutoff it might be called bad lowpass filter, but is still a low pass because it attenuates the frequencies above cutoff.