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ringo.swartz's profile

Mentor

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35 Messages

Saturday, February 11th, 2017 12:27 PM

Why am I being charged for data?

Sir;

AT&T added unauthorized data charges to my cell phone account. I was 
offered a voice only phone to eliminate the unauthorized charges. I 
have requested that phone be sent tome several times. Where is that phone?

Please write the illegal data charges off my bill.

Accepted Solution

Official Solution

Employee

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3.5K Messages

7 years ago

: I do know that for customers who had a smartphone before September 2009 without a data plan, the data plan is optional

 

This means nothing. It is not policy and it is not a statement that means anything other than an assumption by a representative. You agreed to the terms and conditions and you must have a data plan on a smartphone. 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):

 

If it is determined that you are using a voice-capable Device without a voice plan, or that you are using an iPhone or designated Smartphone without an eligible voice and tiered data plan, AT&T reserves the right to switch you to the required plan or plans and bill you the appropriate monthly fees.

 

There is no such thing as "I agreed only to voice service" If you put your SIM card into a smartphone, you are bound to the smartphone terms and conditions. There exists no selective terms and conditions. Every line of text applies to every account. If this policy does not suit you then you may explore other options for cellular service as is your right.

ACE - Sage

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117.1K Messages

7 years ago

Read your terms of service.  You are responsible for all charges generated by your phone.  If you use a smartphone, Data charges are expected and legitamite.    

https://www.att.com/legal/terms.wirelessCustomerAgreement-list.html

 

If you ordered a basic phone, then contact the order department to see if it's backordered.   Or go to Best Buy and pick one out.   

 

If you are a gophone customer, you can call ATT and request data be turned off on the line.   

If you have a postpaid account, you are responsible for the data and ATT cannot turn it off.  

 

 

 

Mentor

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35 Messages

7 years ago

I never agreed to pay for data. I had a voice only phone and then
ordered a smart phone. In order to keep my business I was told by AT&T I
could keep the voice only service (no data charges). Several years later
withoput my consent billing began to charge me for data



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,

R Swartz

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

Mentor

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35 Messages

7 years ago

[If you have a postpaid account, you are responsible for the data and ATT cannot turn it off.  ]

 

not my problem ...data on or off.   I never agreed to data or paying for it in the first  place ... Data is turned off on the phone should I need data I will use wifi...  not an inflated price data plan. 

ACE - Expert

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64.7K Messages

7 years ago


@ringo.swartz wrote:

[If you have a postpaid account, you are responsible for the data and ATT cannot turn it off.  ]

 

not my problem ...data on or off.   I never agreed to data or paying for it in the first  place ... Data is turned off on the phone should I need data I will use wifi...  not an inflated price data plan. 


Yes you did agree to it whether you realize it or not.  It's called the wireless agreement. You don't get service if you don't agree to it. You've got two choices if you don't want to pay for data, switch to a basic phone or switch to prepaid. IMHO, you are not going to win this fight.

Mentor

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35 Messages

7 years ago

[Yes you did agree to it whether you realize it or not. ]

not me....

Mentor

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35 Messages

7 years ago

[Yes you did agree to it whether you realize it or not.]

 

I beg to differ, all I ever agreed to voice only service on my smart phone. 

AT&T charging for/turning on data was a unilateral decision, I never agreed to any such foolishness. I want my money back with %6 annual interest.

ACE - Sage

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117.1K Messages

7 years ago

Keep telling yourself that....

just move your iPhone to Gophone.  It's cheap and you can turn off data and no one will tell you you need data again..

 

Mentor

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35 Messages

7 years ago

[Keep telling yourself that....]

alternate facts?

AT&T charging for/turning on data was a unilateral decision, I never
agreed to any such foolishness. I want my money back with %6 annual
interest.



ACE - Expert

 • 

64.7K Messages

7 years ago


@ringo.swartz wrote:

[Yes you did agree to it whether you realize it or not.]

 

I beg to differ, all I ever agreed to voice only service on my smart phone. 

AT&T charging for/turning on data was a unilateral decision, I never agreed to any such foolishness. I want my money back with %6 annual interest.


Oh yes you did. Since you don't seem to want to look it up yourself, here it is. Para 6.3 of the wireless agreement that applies to every customer: https://m.att.com/shopmobile/legal/terms.wirelessCustomerAgreement.html

 

6.3 What Are The Voice And Data Plan Requirements?

A voice plan is required on all voice-capable Devices, unless specifically noted otherwise in the terms governing your plan.

An eligible tiered pricing data plan is required for certain Devices, including iPhones and other designated Smartphones. Eligible voice and tiered pricing data plans cover voice and data usage in the U.S. and do not cover International voice and data usage and charges. If it is determined that you are using a voice-capable Device without a voice plan, or that you are using an iPhone or designated Smartphone without an eligible voice and tiered data plan, AT&T reserves the right to switch you to the required plan or plans and bill you the appropriate monthly fees. In the case of the tiered data plan, you will be placed on the data plan which provides you with the greatest monthly data usage allowance. If you determine that you do not require that much data usage in a month, you may request a lower data tier at a lower monthly recurring fee.

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