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Thread: Legality of a forced data plan

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So I'm no lawyer, but how legal is it for AT&T to force me to have a data plan when I have no data coverage no where near me (closest
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    Green Apple AndrewBucklin's Avatar
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    Default Legality of a forced data plan
    So I'm no lawyer, but how legal is it for AT&T to force me to have a data plan when I have no data coverage no where near me (closest place with any AT&T or AT&T partner data coverage is over 300 miles away!)

    I know many will say "what good is an iPhone with no data plan?" but in my case it is very good. My city has city-wide WiFi (which is really fast and free) and I have a VoIP account that I use both at home and on my iPhone while I'm out.

    What do you think? Can AT&T charge me for data service when they can't provide me with said data service?
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    Super Sweet Moderator thetoothfairy's Avatar
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    You knew their data plans when you bought the phone so I would think that there is nothing you can do about it. Its just like some people getting 3G and some are not. Just because some are not doesn't mean they get a cheaper bill...

    I would suggest calling them and explaining what is going on and maybe they will be kind enough to give you a discount on your monthly bill...

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    iPhone? More like MyPhone theguyz's Avatar
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    The phone is subsidised and they make $ off the contractually agreement and terms to pay for the phone.

    So unless you bought phone outright, then you are on contract and on there terms.

    Then again you could always cancel just DATA and the cancellation fee which would be cheaper than keeping data plan package for 2-3 years.

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    Green Apple AndrewBucklin's Avatar
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    Quote Originally Posted by thetoothfairy View Post
    You knew their data plans when you bought the phone so I would think that there is nothing you can do about it. Its just like some people getting 3G and some are not. Just because some are not doesn't mean they get a cheaper bill...

    I would suggest calling them and explaining what is going on and maybe they will be kind enough to give you a discount on your monthly bill...
    I knew the data plan when I purchased the phone and had no intentions of not using it. It was great and I don't think I could EVER switch away from the iPhone. I did not anticipate my job related move however. Obviously once I move back to the mainland, I'd want to re-enable data but as long as I'm here, I'm paying for something I can't use.

    Thanks for your input and suggestion, Thetoothfairy! Anyone else have any other ideas/suggestions?

    Quote Originally Posted by theguyz View Post
    The phone is subsidised and they make $ off the contractually agreement and terms to pay for the phone.

    So unless you bought phone outright, then you are on contract and on there terms.

    Then again you could always cancel just DATA and the cancellation fee which would be cheaper than keeping data plan package for 2-3 years.
    Theguyz,

    Yes, I am still in the two year contract but it's up within the next couple months. From what I've read however, the 2-year contract is only on the line. People have lost or damaged their iPhones and put an old AT&T standard phone back on the account and were able to remove the data plan with no ETF or any other extra fees.

    What you are saying though is that I could cancel "just DATA" and continue using the iPhone? I'm almost 100% sure this is not possible (unless they make an exception for me because of my special case?)
    Last edited by AndrewBucklin; 04-08-2010 at 06:20 PM. Reason: Automerged Doublepost
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    iPhone? More like MyPhone theguyz's Avatar
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    Why not just report iphone broken and say your using and old nokia and just switched sims. If this has worked for others. Iphone will still work same since no data to begin with and all your wifi stuff will stay the same.

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    Green Apple AndrewBucklin's Avatar
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    Quote Originally Posted by theguyz View Post
    Why not just report iphone broken and say your using and old nokia and just switched sims. If this has worked for others. Iphone will still work same since no data to begin with and all your wifi stuff will stay the same.
    Well, I thought of that, but I still want to have only one device for my phone calls and text as well as my VoIP calls, internet, and e-mail (with the last 3 being done over the city-wide free WiFi).

    I'd hate to have to re-learn T9, as I've come to love the keyboard on the iPhone for texting and since I started using the iPhone I have started texting more and more and I don't think I'd like to give up the convenience of texting now. It's one of those things that I didn't know I was missing until I started doing it and now I don't see how I could stop.
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    he's saying lie to at&t to get them to cancel the data plan buy SAYING that you lost the iphone and are using an old phone, when you are still using the iphoen


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    Green Apple AndrewBucklin's Avatar
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    Quote Originally Posted by Tiger92 View Post
    he's saying lie to at&t to get them to cancel the data plan buy SAYING that you lost the iphone and are using an old phone, when you are still using the iphoen
    I don't believe that'll work because AT&T periodically scans the network and will see that I still have the SIM card installed in my iPhone and automatically re-add the data plan.
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    AT&T has no 3g where I live either, but I'm unlocked and use a local carrier. I can imagine how you feel, I couldn't stomach a $30 fee for something you can't use.

    Maybe you could unlock your phone and go with a cheaper GSM provider? I don't know if that would be feasible for you or not, just a thought

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    The fact is, and you know up front, to purchase the iphone you needed to sign a contract AND have the data plan which is included in the contract you signed. This releases ATT from any legalities that may ensue.

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    786
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    I. GENERAL TERMS AND CONDITIONS APPLICABLE TO AT&T'S WIRELESS DATA SERVICES, INCLUDING BUT NOT LIMITED TO, FEATURES THAT MAY BE USED WITH WIRELESS DATA SERVICES AND WIRELESS CONTENT.

    General Requirements: AT&T provides wireless data services, including but not limited to, features that may be used with wireless data services and wireless content and applications ("Services"). The absolute capacity of the wireless data network is limited. Accordingly, service is only provided for prescribed purposes and pricing for Data Services is device dependent and based on the transmit and receive capacity of each device. A pricing plan designated for one type of device may not be used with another device. Some devices or plans may require you to subscribe to data plan. If AT&T determines that you are not subscribed to the required plan(s), AT&T reserves the right to switch you to the required plan or plans and bill you the appropriate monthly fee. The Services may be subject to credit approval. An activation fee of up to $36 may apply to each new data line. Compatible data-enabled wireless device required.

    read more:
    http://www.wireless.att.com/cell-pho...rms.jsp#iPhone

    Service Availability and Access/Coverage: AT&T does not guarantee availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between AT&T BroadbandConnect, EDGE and GRPS. AT&T BroadbandConnect only available in select markets. See coverage map(s), available at store or from your sales representative, for details. AT&T BroadbandConnect download speeds only available on the AT&T BroadbandConnect network. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
    Last edited by 786; 04-08-2010 at 09:42 PM.

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    And don't feel so bad... I am paying for 3G and don't get it at all in Michigan....

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    Quote Originally Posted by AndrewBucklin View Post
    I don't believe that'll work because AT&T periodically scans the network and will see that I still have the SIM card installed in my iPhone and automatically re-add the data plan.
    i got an iphone second hand and just switched sim cards. When i log in to my att account online, it says i have an iPhone and i cant change it (you know how you can click the "not my phone" button to change the phone image). I have had it for several months now with no additional charges and no data plan. I would suggest switching the sim to a different phone, telling then it broke, and waiting for a month or so. there is even a note that says something about any customers found to have an iPhone will have data automatically added. So even if it works for a little while amd the catch you, all you have to do is tell them that you finally bought a replacement.
    I just wanted to confirm that you CAN have an iPhone on AT&T without a data plan if you do it right.

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    Quote Originally Posted by Effenpig! View Post
    AT&T has no 3g where I live either, but I'm unlocked and use a local carrier. I can imagine how you feel, I couldn't stomach a $30 fee for something you can't use.

    Maybe you could unlock your phone and go with a cheaper GSM provider? I don't know if that would be feasible for you or not, just a thought
    That is a good idea and I was actually already looking into that... Only problem is that I don't know if they'll let me port over my number. My biggest concern (and reason I want to stick with AT&T) is that I don't want to loose my phone number.
    [ame=http://en.wikipedia.org/wiki/List_of_US_MVNO]List of US MVNO - Wikipedia, the free encyclopedia[/ame]

    Quote Originally Posted by thetoothfairy View Post
    And don't feel so bad... I am paying for 3G and don't get it at all in Michigan....
    Eww... That certainly sucks as well.

    Quote Originally Posted by everydayplacebo View Post
    i got an iphone second hand and just switched sim cards. When i log in to my att account online, it says i have an iPhone and i cant change it (you know how you can click the "not my phone" button to change the phone image). I have had it for several months now with no additional charges and no data plan. I would suggest switching the sim to a different phone, telling then it broke, and waiting for a month or so. there is even a note that says something about any customers found to have an iPhone will have data automatically added. So even if it works for a little while amd the catch you, all you have to do is tell them that you finally bought a replacement.
    I just wanted to confirm that you CAN have an iPhone on AT&T without a data plan if you do it right.
    Very interesting. Everywhere I've seen people said pretty much the same day they do that, the iPhone data plan is immediately added. Did you do anything else to your iPhone? Change any settings or whatnot? Did you do anything special with AT&T like requesting data blockage? Maybe you're just lucky.
    Last edited by AndrewBucklin; 04-09-2010 at 07:11 AM. Reason: Automerged Doublepost
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    My iPhone is a Part of Me hitman10's Avatar
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    I think you could have fought it before you sign a contract but since you signed it. I'm pretty sure your out of luck. I really wouldn't care what they say I wouldn't pay for a service i'm not receiving. It just stupid. I'd call customer service and bi*ch hardcore. I'd play stupid and yes. Report your iphone stolen and cancel the data <-- idontknow if that will even work. But dude your straight up wasting your money not worth it. And how can legally make you pay for a service your not receiving? The best thing to do is make a fuss. Or call customer service and be like.. I'm not sure why my 3g isn't working can you help... when they tell you it's not in your area ask why your paying for it then.

    Ps. I'm Canadian with rogers so are laws are different. But I know 100% up here I wouldn't pay for that if it wasn't provided.

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    ^first- fight it before signing the contract? Makes no sense, if you don't sign the contract, you don't get a phone plan, so you wouldn't have to worry about it in the first place!!

    2nd- calling and reporting the phone stolen
    is a mega-fail - then you will have a brick phone with a block IMEI. The idea is to say it's broken, that your not using it, don't say it's stolen!!

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    Actually if you can prove that you never, ever get data service in your area they may be able to waive the termination fee because you are not getting the service promised.

    Also Effinpig is right, saying the phone was stolen is a horrible thing to do because it will blacklist your IMEI.

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    Ok thought you would also like to know that here in Florida I have had awful coverage... I have not been able to hardly use my phone at all... I did call Att and they can see my account and minutes I have used in which are hardly any unless I go drive a couple miles away. They can also see my coverage and how awful it is... for the past almost six months they have been crediting my account and I have not had to pay anything... but remember my phone is a pretty little thing setting on a table while I have been down here...

    "Always remember your special and unique!"

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    Call them first. You never know what they might say. If it doesn't work port your number after you unlock.

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    ,,
    Last edited by iphonesweretherevolution; 01-14-2011 at 09:22 AM.

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