AT&T refunded me
I picked up my iPhone at the UPS store where it was delivered and activated it in the parking lot at 3:30 PM. I refuse to send my data to Apple so I have never used iCloud. I then drove accross town, had lunch and went to my office where I restored the phone from my computer. According to AT&T I used 5GB from 5PM to midnight. The iPhone data meter shows something like 800mb downloaded, 50 mb uploaded a few days later.
I called AT&T asking why is LTE slower (0.5mbps up/down) than 3G and they refunded me the $30 data plan fee without any hesitation.