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jakeh56's profile

Tutor

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6 Messages

Friday, September 24th, 2010 6:21 PM

Forced Media Package

I just bought a USED phone because I do not need a media package, but wanted a phone with wifi.  I was surprised to get the text telling me that as a "courtesy" at&t upgraded me to a $25/month media package.  My wife did the same thing earlier this year with an LG Incite (she has since changed phones).  A coworker has the same phone with AT&T.  AT&T does not consider them smartphones, but the phones has the same features as mine (wifi, windows os).  Is there any rhyme to AT&T's stupid communistic rule of requiring plans for phones that are not bought as an upgrade???  I am now once again using my old worn out phone, while my nice new phone sits dorment because AT&T does not care for its customers.

 

BTW my contract is up in December and I will be switching to T-mobile which has nice packages for people who already have a phone.

Expert

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12.2K Messages

13 years ago


@jakeh56 wrote:

 


@erichamion wrote:

 


@jakeh56 wrote:

A coworker has the same phone with AT&T.  AT&T does not consider them smartphones, but the phones has the same features as mine (wifi, windows os).


 

If you have a smartphone and your coworker has the same model phone, then that one is also a smartphone.  However, if that person had that phone on that line before the data plan was required, your coworker was "grandfathered" in and keeps an exemption until he or she changes phones.

 

Where or how you obtained the phone is not relevant.  When you obtained the phone and started using it on that specific line is what matters.


 

 

 

He is not Grandfathered in, but he gave me some good info that seems to work.  I have been using my smartphone for over a month and no required data planSmiley Wink 


He gave you information that is allowing you to violate the terms of service of your agreement with ATT, it may work, but if ATT discovers that you are violating the TOS they will add it to your service. Perfectly legal, if you are out of contract they might even be able to cancel your service. I see that yu are switching to T-mobile - might want to read their terms also - that have the same policy

Tutor

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6 Messages

13 years ago

Actually nothing done is illegal, and the joy if Tmobile is that you do not have a contract with an unlocked phone.

Expert

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12.2K Messages

13 years ago


@jakeh56 wrote:

Actually nothing done is illegal, and the joy if Tmobile is that you do not have a contract with an unlocked phone.


depends on your definition of illegal, violating a legally binding contract is considered illegal in parts of the world, the US included. That is your decision, good luck in a tier 4 provider, hope you have done your homwork for coverage in the areas that you need it - by checking the forums and not by looking atthe prety pictures the markeint people post on their website. Their coverage in a lot of places is lacking badly. you also might want to move fast, it has been reported that the ability of no data plan for a owned phone is going away just like they started soft capping unlimited data plans to 5GB on 10/16 - if you go over they throttle the bandwidth to email only untill your next billing cycle - something to think of also

Tutor

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6 Messages

13 years ago

Thanks for the info, and as long as ATT does not charge me for the media package I am going to stay.  Here is the deal wingrider01, I have done nothing to my phone, and ATT fixed the problem on their end.  Now am I going to call them up and say hey I have a smartphone you should charge me $15 a month??  Heck no, would you?  My wife (who was not Grandfathered in) had a LG incite a few months ago that has everything my phone has, but ATT did not consider it a smartphone.  So would she have been in violation of her contract if she did not called them and complained about not forcing her to take the media package?  I don't think so.  But thanks again for the info.

Tutor

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6 Messages

13 years ago

Just an update...It has been almost 2 months and AT&T has still not required a data plan.  When I log in my ATT account it shows my smartphone by my name, so I guess my coworker was correct after all, at least so far.

Professor

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1.6K Messages

13 years ago

Well good luck with it.

Just to clarify it does break the ToS. If you had service last year, page 1 of your august - sept bill showed this:

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Data Plan Requirements for Smartphones
 
An eligible data plan is required for Smartphones (including iPhone, Blackberry & PDA devices) per AT&T's Wireless Rate Plan Terms & Wireless Data Service Terms & Conditions at www.att.com/planterms. If you begin using a Smartphone after 09/05/09 without an eligible data plan, AT&T reserves the right to add an eligible data plan to your account & bill you the proper monthly fee. See www.att.com/smartphoneplans for more info.

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If you got service after then, the terms of service you signed would have had it.

Tutor

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6 Messages

13 years ago

Yes but AT&T knows what phone I have and they have not added the media plan so I do not think that I am breaking the contract.  ATT reserves the right, does not mean that if they don't force it on me that I am breaking the contract.  Just like my wife who has what I would consider a smartphone, but ATT does not force the plan on her and never has.  She is not breaking the contract because ATT knows the phone she has, but ATT is not consistent with their identification of a Smartphone.

 

But as I mentioned before, when they know which phone I have and do not force me into a data plan then I am not breaking the contract IMO.

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