Why am I being charged for data?

[This is in the user agreement. You cannot use a smartphone without data service on the AT&T network. Pay-per-use data will be provisioned on expired, grandfathered plans. All Mobile Share plans include data to begin with.]


NO I only agreed to voice only on my smartphone ..
I quote ‘Zachary B.: I do know that for customers who had a smartphone before September 2009 without a data plan, the data plan is optional.’ Later in another sales session this ’grandfather’ policy was again verified by ‘Amanda’.





See copy of my letter dated 2014-03-12 below:


-------------------


March 12, 2014


AT&T, PO Box 755


Atwater, CA 95301-0755.





Sir;





Imagine my surprise 3/11/14 receiving a email from AT&T stating "your Smartphone does not have an appropriate data plan, so we have added our most popular plan, DataPro 3GB, to your account at $30 a month".





Thank you for the considerations but I will maintain with my current cheaper inappropriate plan.





I made no such change to my service. After receiving your email first impression was my account was hacked. Simple inquiry no hacker but AT&T had spontaneously added the data plan and $30.


No thank you. Please remove the data plan and charges.





We have done this dance before, 2012 same thing happened and it was established I am able to keep any phone with any plan I may choose be it with or without data.


>From our correspondence on or about 10/10/12: I ordered an upgrade to my cell from a ‘flip’ to an atrix. I was put off when told the atrix required a data plan.





Later the salesman informed me and I quote ‘Zachary B.: I do know that for customers who had a smartphone before September 2009 without a data plan, the data plan is optional.’ Later in another sales session this ’grandfather’ policy was again verified by ‘Amanda’.





This does apply my billing records indicate my service began ~2007."





Please remove the data plan and charges from my cell account.


Stop trying to hammerlock me into a data plan.





Thank you,






-------------------

No need for us to argue with this one.  Let support tell him no, or move him to prepaid.  

 

[This means nothing. It is not policy and it is not a statement that
means anything other than an assumption by a representative]

Verbatim from your representative and verified later by another
representative. I expect at&t to honor their word...

[ There is no way around this. You signed the user agreement. You cannot
have service without signing that agreement. And it states the following
(as quoted before already):]

then at&t lied to me...

[ data plan was added almost 3 years ago ]

I have been complaining for years ... so far they are ignoring me.
Now I am taking the bogus charges and AT&T lies to the public.

@sandblaster  According The the OP, ATT has at least twice added a data plan, then he complains and some  (comment on the competence and educational status withheld)  removes the data plan, rather than quoting the email and policy, which David published also.  

It seems every 2 years someone notices he has a smartphone (perhaps he upgrades?)

The handful of reps who have incorrectly removed the data plan should be reprimanded for this nonsense.  It shouldn't even be possible.  

  He should be moved to Gophone auto pay  so he has a $25 bill each 30 days.  Then he can have data turned off if he likes.  

 

 

By purchasing a smartphone, you did consent to the data plan being added. It also would have been stated in the terms and conditions of purchasing service. If you didn't read them, that is not AT&T's fault. They made them available to you, you consented to them or you wouldn't have service.

[Due to FCC regulations if you have a smartphone, you are required to
have a data plan.]
What FCC regulation requires me to pay for unwanted/unused data?

[By purchasing a smartphone, you did consent to the data plan being added.]

Never wanted data or consented to any such thing. Before the
smart-phone I was using a flip phone (no data). To keep my business I
was grandfathered in as 'no data' .
Please advise.

R

@ringo.swartz   Asked and answered.  If you do not want a data plan, you must change plans to the $30 Gophone plan, or change phones to a basic phone.