AT&T adding Smartphone Data plan?

[SomeOne-51]

Can AT&T legally add a data plan to a phone that i DID NOT sign a contract for? I have an HTC Tilt 8925 that came out back in 2007. I bought it off ebay and used it for a year and never received anything about a data plan. I then got an iphone from ebay and used it for several months and never received any text or call about a data plan. Then I gave it to my sister and got a Dumbphone, used it for a few months then decided I didn't like it so I went back to my old HTC TILT and within a few hours I received a text from AT&T that says: Did you know a data plan is required for your Smartphone? We have added the appropriate data plan. I dont understand why they won't remove the data when it clearly doesn't need a data plan to work!

Thanks!

I hate AT&T. =D

[wingrider01 ACE - Geek]

Yes they can - read the carrier service terms - that can add or change your service to meet the terms set forth in the carrier service agreement that you agreed to when you signed for cell phone service

[Wild Banchi ACE - Professor]

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wingrider01 wrote:

Yes they can - read the carrier service terms - that can add or change your service to meet the terms set forth in the carrier service agreement that you agreed to when you signed for cell phone service

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Correct. If you are using any smartphone, have it be an old, old one, without a data plan, AT&T reserves the right to add the appropriate plan to your account. You will be required to keep and pay for the data plan on a monthly basis. Their system detected that you are using a smartphone without a data plan, so under their terms of service, the data plan was automatically applied.

[go2verizon]

I was shocked when I saw this email...called customer support and they are extremely unhelpful..since I was out of contract..moved to verizon ...got 2 new phones and problem solved !  

[wingrider01 ACE - Geek]

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go2verizon wrote:

I was shocked when I saw this email...called customer support and they are extremely unhelpful..since I was out of contract..moved to verizon ...got 2 new phones and problem solved !  

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and you solved nothing, verizon has the same exact policy and requirement for smartphones, the only difference is that Verizon only has shared data plans and nothjing else. Did you happen to check if your att phones where out of contract? If not you maybe in for sticker shock

[scottwilkins]

Riiiiight.  Verizon also charges data plans on all smartphones.  So how was your problem solved?  Oh, it wasn't was it?