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morbo
Complete Your Transaction

join:2002-01-22
00000

That is obnoxious

That is unbelievable. I'm sure he has a legal case if he wants to pursue it.

I wish he would have stated if he plans to stay with AT&T despite this policy or is leaving for another provider. I can't imagine that he would stay.


en103

join:2011-05-02
Reviews:
·Time Warner Cable

This has been AT&T's policy for 'years' now.

I had an old HTC TyTNII which had the old 'pay per use' data plan - in which I was able to disable the data and use it as a WiFi smartphone (back when 3G was not very well built out or stable)

When iPhone and Droid phones started becoming highly sought after, AT&T basically stated that phones are either 'feature' (plain phones) or 'smart' phones, and all smartphones (they don't care where you got it from) are subject to a smartphone data plan to be used on a standard plan.

The only part I hated on that - was typically if I switched phones, even temporarily, I'd be subject to 'scanning' and having a different plan applied.

It now gets 'worse' - to the point that there are 'iPhone', 'iPhone 5', and just about every model/make plans.
Why ? Because you effectively 'could' keep your plan for a very long time, and AT&T would like to make sure that if you have a new phone, it gets a new(er) plan and rate

Verizon and Sprint never had to deal with this in the past, as all phones were driven by ESN, and 'unlocked' phones may exist, but carriers wouldn't activate them. GSM based AT&T/T-Mobile use SIM cards which allow you to swap phones. So instead, they're using the IMEI (phone identifier) to id the model/type and be obnoxious through that means.


tanzam75

join:2012-07-19
reply to morbo

said by morbo:

That is unbelievable. I'm sure he has a legal case if he wants to pursue it.

He does not. His only recourse is to leave AT&T. (Which I highly recommend!)

AT&T's Wireless Customer Agreement requires a data plan for smartphones:

»www.att.com/shop/legalterms.html···reement&

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.


pkorx8

join:2003-06-19
San Francisco, CA

Aren't all contract disputes bound to ATT's arbitration courts?


itguy05

join:2005-06-17
Carlisle, PA
reply to tanzam75

said by tanzam75:

said by morbo:

That is unbelievable. I'm sure he has a legal case if he wants to pursue it.

He does not. His only recourse is to leave AT&T. (Which I highly recommend!)

AT&T's Wireless Customer Agreement requires a data plan for smartphones:

It depends. In 2008 (when he says he bought his phone), was AT&T requiring data on Smartphones.

If someone had a contract from before this clause existed and never upgraded or even contacted AT&T at all the only valid contract would be the one they signed. That contract may not have that clause so he may be able to actually sue them.

They are banking on people taking the latest contract as the one you are bound to. But if the original never included such language and you never signed another one you can't be held to it.

tanzam75

join:2012-07-19

said by itguy05:

If someone had a contract from before this clause existed and never upgraded or even contacted AT&T at all the only valid contract would be the one they signed. That contract may not have that clause so he may be able to actually sue them.

When you go month-to-month, the provider is entitled to change the terms on you at any time. He would be covered by the latest version of the Customer Agreement.

fiberguy
My views are my own.
Premium
join:2005-05-20
kudos:3
reply to pkorx8

Only if you haven't opted out.. like I have.