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.'"
It is usually good business to do stuff that make customers want to continue using your services.
...your new serfdom.
Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
Too bad the corporations own the government, needed laws restricting companies from screwing over customers no longer get passed here. More corporate rights, fewer human rights.
Free Martian Whores!
I've heard stories as described in the subject previously from Americans and it's /fully completely mind boggingly insane/
I can't even contemplate how it's legal in any possible way. I know you guys get shafted on terrible policies / regulations and I guess 'social norms' of how things are meant to be with cell phone usage but err yeah this takes the cake.
In Australia what's described in the subject, simply wouldn't occur, at all.
I have a BlackBerry Bold 9000 as my spare phone and use it purely as a voice only 2g phone, no data at all. My provider has no issue with this at all. If I put that same SIM inside an iphone or my Galaxy S3 - I simply end up with no data, my tough luck - if I want it, I need to call them and add a data plan to my account.
You can also get phones unlocked here, you can buy phones outright and you get different priced plans - so purchasing an outright high end smartphone can be paired with a fairly minimal data and voice plan if you just use it for casual browsing / twitter / facebook and you're near wifi all the time.
I realise getting angry isn't really a solution for you guys - but based on the article? I would be angry, extremely goddamned angry. It simply shouldn't be legal.
... from the Apple Store when I was in US (549 USD). I wanted to use it for a month while I was there and I was shocked that you guys STILL don't have reasonable prepaid-SIM options. I consider reasonable to be filling in an online form, having it mailed to an address with credit already on it, getting on SMS when it's low on credit and recharging online or at a kiosk with a scratch card&SMS solution.
" I am altering the deal. Pray I don't alter it any further. " - AT&T
Verizon was pulling the same trick years ago. They were even trying to include LG env3 phones in the data phone category which is a joke of course.
The current crop of non-data phones available from the carriers is a joke. Want a full qwerty keyboard for texting? Forget it, that's only on a data phone.
It's basically a plot to get everyone on board with the more expensive data plans.
Sure, the carrier's are the spawn of the devil.
But all this (having to get your phones from a carrier instead of buying a phone outright and then buying service) isn't just their fault. It's also the fault of users, who like the ability to get a "free" phone, which is really being payed for by their monthly payments.
But, beyond that, it's the fault of the government (the Fed, specifically), for lending out free money, basically. 0 or (in a sense, even negative) interest rates. Think about what percent you get for your savings account. The price signals being given out are simply to consume, consume, consume.
The same loose money policy which was responsible for the housing bubble is also responsible for the smartphone bubble (though it's possible that's about to burst).
I'm not a lawyer, but I play one on the Internet. Blog
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.
The problem with the cell phone carrier market is that there are relatively few providers, and worse, consumers do not demonstrate loyalty to any one, but switch when better deals are offered on the others.
This means the only factor that matters is price and availability of features the market wants.
As a result, this news story will have zero effect. Every few months another atrocity comes out about some cellular carrier or another, but the audience just doesn't care.
Futurist Traditionalism
Holy UID Batman! If you never got first post when you were just competing against 1,501 other users, I don't think you'll ever get it now.
My contact was over and I wanted a smartphone but not a data plan. Sprint, AT&T, and Verizon all said that if I used any kind of smartphone, I must have a data plan. My brother bought a Nexus One outright and his carrier discovered this and added a $30 charge per month for data against his will. My plan was to use WiFi only for data...
Each carrier responded by calling me and telling me that that is their policy and therefore I was not wronged. I responded that I think law trumps company policy. As far as the FCC was concerned, that was it... they had done their due diligence, I suppose..
I send an email to one law firm that specializes in class action suites but never got a response.
If a lawyer anywhere on this planet would be willing to take up this as a class action suite, I will strongly support it. I am a web developer, I can build an excellent web site to begin the process of finding the many, many other victims.
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.
I don't understand this. Can someone explain this to me using a car analogy?
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.
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.
This is the reason why I am moving to pre-paid service at the end of this month. I have been waiting for my early termination fee to drop low enough to leave. I have my Nexus 4 because it is unlocked and not branded with any carrier, easily (and already rooted) and is completely under my control. Going prepaid, I am in control of the deal. They can decide not to do business with me each month, but that's the freedom of choice I need.
And yes. No need for data plans here.
The big carriers will come around eventually, but only after large numbers have jumped ship.
Seriously? Don't you know you were forced to sign an agreement to not sue them, especially in a class action suite when you were born, err I mean started using their service. You agreed to arbitration, which in short means they always win, no matter what.
slashdot troll = you make a compelling argument I do not like the implications of.
As much as the blog poster would like us to believe that is the entire story. It's obviously not.
Here's why.
AT&T has mass data entry (or as CSR's refer to it "Massive Destruction of Effort") which does various things like add missing promotions/features and deleting invalid service plan/feature/promo combinations placed on it by sleezy first and third party sales agents.
In the case of the blog writer, what obviously happened is that the iPhone started using mobile data. In the billing system, there are three classes of devices which I'll just refer to as "dumbphones", "smartphones" and "data devices." A "dumbphone" has a voice plan, and can only opt into optional small data plans. A Data device meanwhile is only a data device and the voice part is optional (since a tablet or usb stick has no voice system.) The Smartphones (previously Windows Mobile and Blackberry devices) require a data plan to work, and the Mass Data Entry system probably detected data use (eg signaling data) without a data plan and forced it onto one to prevent the user from using data for free.
So what the blog writer should have done escalated the problem nicely and told the agent to restore the voice plan to what it was, or cancel the service.
Euro problems or not, but for the customers its great here in Europe.
I never had the situation here that a mobile provider tried to force me onto a certain mobile phone. The reason for this is that the European union has a lot of laws regarding the availability of services everywhere and that no competitor may have a disadvantage by closed markets. In the same way the mobility of the cititzens should not be limited.
Soemthing like: "If you use the phone which we did not sell you, we charge extra" would bring you into an overkill of lawsuits. Its not accidentally that MS needs to show the "browser choice" screen in Europe. Its not accidentally that Apple and other ebook publisher got got into trouble here. it not accigentally that Apples warranty conditions clashed here. It is not accidentally that the "one mobile provider sell the iphone" idea broke down in the EU more quickly than elsewhere.
Yeah, good luck when they charge your credit card and/or ruin your credit history. I guess you can try to sue them, but have fun with that.
In principle I agree with everything you said. In practice it is you vs the megacorp - enjoy the ride.
There are lots of re-sellers who provide you with the same networks but don't require crap like this. http://www.pagepluscellular.com/ is what my wife uses.
I've deactivated my phone completely and use it with google voice / voip on wifi for free. http://sipdroid.org/
Seriously, go to Ting's web site and check out the pricing. You pick how many minutes, texts, and data you want. If you plan on only using data on your smartphone when you're on wifi, you can do that. We joined Ting about a month ago and couldn't be happier. Our monthly phone bill has plummeted even though we upgraded from feature phones to smartphones (dumping Verizon along the way). You can see the pricing options at https://ting.com/plans
Ha, in these parts (Ireland) one clause of the contract used to be that they could change the contract whenever they liked without your agreement, so increase prices and add charges as it suited them. Yes, really, I took Vodafone to task over it with ComReg. I'm not sure if it's changed now though, crazy situation. They'll try anything if you let them.
Maybe the answer is to use their own sales processes against them in the opposite direction.
I have an iPhone. On AT&T. With no data plan. That's the spec required here, right?
So let's go play a little. Go to the "stores" aka those mall outlets, rather than someone in corporate. Just like we/they/someone says about Greater ______ ****wad, the workers in those stores have to earn their living doing real work rather than being a faceless voice of policy. So my example is from AT&T. It could be different on those other carriers.
1. Go to AT&T Store. "Hi. I want to end my contract. What if any fees do I need to pay to get out of it?" (Sometimes/often you'll have a minimum left on the "subsidy".) End your contract. Or, if this was that "second hand phone" you might just go to step 2.
2. "I want a Go-Phone plan on this phone. $100, so that the minutes last all year." By making a purchase, you are directing the discussion. There's nowhere for them to wiggle you.
Put facetiously for slashdot humor effect, you can go all baby-steps on this. ... wait for it ... what we wanted. There's nowhere for them to charge anything else because you handed cash to the sales person at an AT&T store.
"Go-Phone plan. You still sell those, right? I like the Meatloaf ad on TV. He's my hero."
"Yay. Now I can be just like Meatloaf. Or something. Here's $100. In the $100 option the minutes last a whole year right? Good."
GoPhone *doesn't have* data. Since we all know companies don't like giving away stuff for free, and you handed them five $20's, "of course you can't get free data". Which is
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
Holy UID Batman! If you never got first post when you were just competing against 1,501 other users, I don't think you'll ever get it now.
For all you know there are still only 1501 users!!
This. They'll mail them internationally, as well... my parents bought one for an upcoming road trip through the US (well, driving from Ontario to Florida where they're going to catch a cruise around the carribbean, then driving back a week later), and for $10 they got a prepaid SIM with unlimited incoming texts, low rate for outgoing texts (even international), and a reasonably low per-minute data rate. They can top-off online, or by phone with a credit card, and probably at a retail POS as well.
Plans *do* exist in the states, but they don't usually advertise the good ones on their website because they'd rather you take the $2/day plan.
Then, as much as it sucks and as much as I hate to say it, they are in the right.
No, they are not. Well, maybe in the US you can throw out all your rights by making a contract. But I want to give you an example of what happened here in Switzerland a few years ago (and Switzerland has one of the weakest customer protection laws in Europe):
All ISPs advertised and made contracts for 'upto xxx MBit/s', this was general industry practice. Suddenly there was a court ruling invalidating almost all of these contracts. Why? You signed that you give them money and they did not promise any service ('upto xxx' can also be 0 MBit/s). Thus these contracts were one-sided and could thus never be in the sense of one of the parties. They were thus invalid.
Solution: Now they all include a minimum bandwidth in their contracts and have to face compsation demands when their service is not working (as they are in breach of the contract in this case).
After my AT&T contract expired, I switched to Straight Talk for my iPhone. $45/month unlimited everything (well, not unlimited data but a lot of data). They also use AT&T's network. Its been working great.
When ever you feel like it, and have a few spare minutes, call up their call centre using free-call number (that costs the company) and spend a few minutes (or as long as you can spare) complaining about this matter. It racks up a cost to the company. Even better, mention why you call (to cost them more than what they are charging you) in the conversation. Eventually, they will escalate it and someone at a higher level MAY decide to call it 'even' and disconnect you from the plan. This strategy worked for me with a similar company......some years ago...... eventually.
Looking at space, radio, science and computing from a 'down-under' amateur enthusiast perspective.
For a while a few of my friends and I were on a family share plan with AT&T. One of my friends had his phone die and started using his girlfriends unused iPhone. Sure enough after a month we started seeing the extra data plan on the bill. Called AT&T, and not only were we told that he would be charged for using the data plan, but he was not due for an upgrade despite having never signed a contract for his line to begin with (he had his phone from a previous plan). While we are not still in a family plan, every one of us have switched to sprint, who are not only significantly cheaper, but also have way better customer service.
Disagreeing with you does not make me a troll.
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 ETF with a new phone works out to roughly $15 per month over the course of a 24-month contract. Why doesn't the price of service drop by $15 starting on the twenty-fifth month? And why does bringing one's own unlocked GSM smartphone, buying a voice-only plan, and using Wi-Fi for all data result in a data plan getting crammed onto the customer's bill?
Yeah, I believe that one. That's about the last thing anybody does with an iPhone anymore.
My kids use my old iPhones. They have pre-paid minutes, and no data plan. And Wifi in many places.
I'm always a bit surprised it still has the ability to make calls each time Apple announces a new version.
And you might even be more surprised that an iPhone 3GS, released in 2009, is still supported by the latest iOS version. Please show me any smartphone vendor whose products still get software upgrades after more than a few months...
To summarize your post.
"I realise that a company has screwed you over. You are an idiot because knowing what you know now you should have gone to someone else."
I'm sorry but no!
The point is they have been amoral and done something at could screw over other people. The world needs to hear this and the company should be dragged through the coals because of this.
Not that it will happen mind and yes really the only way a consumer can attack a large company is to take their business elsewhere, but that is only painfull to a company if lots of people do it.
"The weirdest thing about a mind, is that every answer that you find, is the basis of a brand new cliche" -
AT&T tried this on me, twice in five years. The first time was immediately after I accidentally launched the "browser" in my ancient Treo 650.
Each time a simple phone call was all that we needed to have them undo it. Annoying, yes, but probably not even on the top 20 list of things I hate about AT&T.
They're relying on contract law. If that's not lawful evil, I don't know what it.
As per google, you are the only one who said it.
https://www.google.com/search?q=%22I+have+altered+the+details+of+our+arrangement%2C+pray+I+do+not+alter+it+any+further%22
You DO get to try it out...
"An early termination fee (ETF) may still be charged by your carrier unless you cancel service according to their respective policy: 14 days from the date your device is shipped for AT&T, Sprint, T-Mobile, and Verizon"
You turn it in before 14 days (of shipment if ordered remotely, or on delivery if you go buy it from a store).
Which, invalidates your 'you have a much better case to have the contract thrown out as you obviously were not able to make an informed decision before signing (part of the basis of contract law)'. [And, if you bother to read the contracts, you agree to ARBITRATION instead of court action.]
I am not a lawyer. Just someone who reads for comprehension.
I am in Australia. I have a minimal plan. Found overage wherever I want to go. Australia is the size of the USA (possibly excluding Alaska) but has less than one tenth of the population. We seem to do OK.