Forced Media Package

[jakeh56]

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.

[jakeh56]

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.

[jakeh56]

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.

[UNSC_REACH]

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.

[jakeh56]

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.