It is up to the Manager of the store you are at an no one else. ATT can't force them to sell it at retail and can't stop them if want.
The new value plans force people to go with NEXT or retail plans and not upgrade. If you do a 2 year contract your line bill goes up $25 per month if you are on a value plan.
I did the math and it still costs you almost the same amount, no matter what you do now. But, you can search the old threads that do the math and the debate.
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The only bad thing about NEXT instead of retail is they will run your credit if you aren't a current ATT customer.
If you are current then they don't run it and you can pay it off in month 1 anyways...