Meanwhile, my smartphone doesn't have a data plan and they don't charge me for one. maybe you're just unlucky?
If you buy a smartphone directly from them, they may try to force you into a data plan, but if you buy the phone RETAIL, without a contract then they CANNOT force you to buy a data plan, as the type of phone you use does NOT dictate your plan options.
That's my experience, but again, it doesn't have to be an older "grandfathered" plan. You could go to AT&T right now and buy a non-smartphone with a non-smartphone data plan, and then put your SIM in the Nexus, then they would still be able to switch you to the smartphone data plan. But if you have NO data plan, they can't make you have one.
Again, this is my experience, and they could probably change what they do any time, but even if they did add on a data plan when you didn't even have one (again that didn't happen in my experience), you shouldn't have any trouble calling them and explaining that you don't need any data plan at all.
You don't really have an argument if they switch you from a non-smartphone data plan to a smartphone data plan after you started using a smartphone, because they can say that the non-smartphone data plan cannot be used with a smartphone.
This is really digging up an old thread, but this just happened to me and I am reminded of this conversation we had. I've been using a Galaxy Nexus for the past 2 months and was using the non-smartphone plan, but today AT&T detected that it was a GN and has now added a smartphone plan. Even if I asked AT&T to just remove data entirely, this is what they would shove in my face:
6.3 What Are The Voice And Data Plan Requirements?
A voice plan is required on all voice-capable Devices, unless specifically noted otherwise in the terms governing your plan.
An eligible tiered pricing data plan is required for certain Devices, including iPhones and other designated Smartphones. Eligible voice and tiered pricing data plans cover voice and data usage in the U.S. and do not cover International voice and data usage and charges. If it is determined that you are using a voice-capable Device without a voice plan, or that you are using an iPhone or designated Smartphone without an eligible voice and tiered data plan, AT&T reserves the right to switch you to the required plan or plans and bill you the appropriate monthly fees. In the case of the tiered data plan, you will be placed on the data plan which provides you with the greatest monthly data usage allowance. If you determine that you do not require that much data usage in a month, you may request a lower data tier at a lower monthly recurring fee.
That is straight from their wireless service terms and conditions. If you have been skirting by without this problem, I wonder when you started your AT&T service and if you are currently on a 2-year contract. If you started your service prior to 2009 and are not currently on an upgrade contract, I believe you may have the ability to "data block" grandfathered in from before AT&T started implementing their mandatory data policy for smartphones. Again, I firmly believe you're wrong, that you've been misleading people with your assertions about the data requirement, but believe me, I would love nothing more than for you to prove me wrong right now so I can cancel my data entirely to avoid paying $20 a month to the Death Star.
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