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AT&T: Don't Want a Data Plan for That Smartphone? Too Bad.

An anonymous reader writes "Joel Runyon recounts a tale that will be familiar to many people who have bought secondhand smartphones. After his old dumbphone died a few months ago, Runyon picked up a used iPhone. He just needed it for basic phone capabilities, and used it as such, turning data off. However, AT&T eventually figured out he was making calls from a smartphone, and they decided he needed a data plan, even if he wasn't going to use it. They went ahead and opted him into a plan that cost an extra $30 a month. Quoting: 'According to AT&T: They can opt me into a contract that I didn't agree to because I was using a phone that I didn't buy from them because it had the ability to use data that I wasn't using (and was turned off). To top it all off, they got the privilege of charging me for it because I bought a differently categorized device – even though the actual usage of their network did not change at all and I never reconstituted a new agreement with them.'"

17 of 798 comments (clear)

  1. Consumer Cellular by msk · · Score: 5, Informative

    Since you have a phone that can use AT&T data (even though you don't want), switch to Consumer Cellular, which uses the AT&T network but doesn't force you into a data plan.

  2. Welcome to America by DiSKiLLeR · · Score: 5, Informative

    That sort of shit doesn't happen anywhere else in the world.

    You can use any kind of phone you want, and get whatever kind of plan you want. You aren't forced to use a dataplan just because you have a smartphone.

    --
    You can tell how powerful someone is by the magnitude of the crime they can commit and be able to get away with.
  3. Re:I picked up an unlocked iPhone4s last month... by blahbooboo · · Score: 4, Informative

    There are several ways you just didn't know where or how to get them. To name a few options, T mobile sells prepaid sims in their stores and online, eBay has prepaid pre carded t mobile sims, straight talk sells pre paid sims.

  4. Re:Non story here. by Slicker · · Score: 4, Informative

    Every major carrier instituted this policy right about the same time. The first thing I did, was try to change carriers.... before filing an FCC complaint. I really want to fight those bastards.

  5. Re:An iPhone just to make calls? by Simply+Curious · · Score: 5, Informative

    I have wifi available everywhere except in transit. I have no need of a data plan whatsoever. It would be nice, however, to have my phone be more user-friendly, able to notify me of mail, and have a few games on it for passing the time.

    Of course I would be doing more with it than just making calls. However, I would not be doing more on the network than making calls. The requirement of a data plan prevents that.

  6. Re:Car analogy please! by zm · · Score: 5, Informative

    They charged him highway toll because he has a car capable of doing highway speed, even though he never drives on a highway.

    --
    Sig ?
  7. Re:I picked up an unlocked iPhone4s last month... by acidfast7 · · Score: 5, Informative

    T-mobile is horrible because the minutes expire after a year and it costs roughly 20 cents/min. Straight talk is a monthly plan for at least 30USD/mo.

    Both options are terrible, at best.

    Here (Germany), I can walk into a store, show ID, get a prepaid SIM put it into the phone, buy a recharge card for as little as €5, scratch the foil, send as SMS and have €5 immediately (at .05€/min or .€.05/MB).

    Another way to think about it is that, I can walk into almost any third-party store and for €30 walk out in 15 mins with a new functioning Nokia candy-bar phone with credit. Can't really get that in the US?

  8. Re:It ought to be illegal by jbolden · · Score: 4, Informative

    AT&T is regulated by the FCC. The contract has a termination clause which generally works out fairly close to a fair price for the subsidy he got on his original phone. The policies are regulated by the FCC and the FCC agrees.

  9. Re:This is why by vlm · · Score: 4, Informative

    I've been prepaid / non-contract since the early 00s when I got sick of paying $80 for two dumbphones and switched to about $8/month/phone prepay. I think the business logic "big cell providers" use, is anyone dumb enough to sign a contract is dumb enough to be taken advantage of in pretty much any technically possible way. I mean how dumb do you have to be, to pay $120/month for two years for a $300 phone? Thats $3180. I'm getting the same service for a grand total of $780 over the two years (24*20+300). I'm sure I'll find some way to spend the $2400 I'll save merely by selecting an alternative billing method.

    --
    "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
  10. Re:Mind boggling by realityimpaired · · Score: 4, Informative

    It's in the service agreement, I think... smartphone = required data plan. Don't like it, don't buy a smartphone. If you want an idevice, then get an iPod. There are carriers in the US who don't act like this, or at least who won't charge that much for adding data, and it's his own damned fault for using ATT when he already had an unlocked phone he could use elsewhere. (and if it's about coverage on the ATT network, use one of the many MVNO's who use their network).

    Here in Canada that wouldn't happen either... carriers will quite happily let you have a smartphone on a non-data plan, because if your device leaks and accidentally uses data they can charge you at $50/GB. ($0.05/MB is not uncommon for per-use data, and some carriers charge $1/MB for per-use data for the first few MB). But a few years ago, the big 3 did act exactly as described in TFS, before they realized that they could extract more money by not forcing you onto a data plan. (I think it says something that even though I work for one of the big 3 and get an employee discount, it's still cheaper for me to have a plan on a fight brand for one of the competitors).

  11. Re:Over a year ago, I complained to the FCC by realityimpaired · · Score: 5, Informative

    Your phone's IMEI identifies the make/model of the phone.

    https://en.wikipedia.org/wiki/IMEI

    You can't use a cellular network without transmitting your IMEI to the network. It's one half of the authentication circle required to actually make a cellular phone call.

  12. Re:Why doesn't price drop after phone is paid off? by Rhys · · Score: 4, Informative

    Because despite having fallen off contract, the sucker blogger wasn't bright enough to get off a contract plan and onto one of the various, usually cheaper, monthly plans.

    Then if AT&T or any other provider dicks you around with your monthly (like T-mob is with their "no tethering on the unlimited data plan"), you can either 1) break the terms of the plan, because you can always go buy a new sim and top-up cards from a physical store and they can't track you and block your credit card or 2) jump to a different provider.

    Sure there's the inconvenience of a new number, but that's what google voice and similar services are for.

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  13. Re:Too bad. by irving47 · · Score: 4, Informative

    It's only illegal if it's tied to a contract.

    --
    I had a sucky sig.
  14. Re:Too bad. by desertrat_it · · Score: 5, Informative

    I use Ting - they are a division of Tucows, use the Sprint network, are no-contract, and have reasonable monthly fees and no overage penalty (they just move you to the next tariff). I have an Android smartphone which I can use without any data plan if I so wish.

    www.ting.com

  15. Re:Too bad. by francium+goes+boom · · Score: 4, Informative

    My T-Mobile $30 a month pay as you go, with 5gb of HSAP+ 32 data is treating me very nicely. Full HSPA+ coverage for me and my standard travel area.

  16. Re:Too bad. by camg188 · · Score: 4, Informative

    No matter what carrier your using the money is going to one of those two.

    In the US, Sprint, Verizon, T-Mobile and AT&T Wireless (formerly Cingular) own almost all the cell towers and lease bandwidth out to the various mobile virtual networks

  17. Re:Too bad. by s4ltyd0g · · Score: 4, Informative

    I call bullshit, no cellular phone provider actually provides support for the handsets. It's all "you have a signal, the rest isn't our problem, see the handset manufacturer".