AT&T can charge me for using jailbroken iPhone?

That would get them in an UNBELIEVABLE amount of legal trouble. That would be EXTREMELY stupid of them on their part.

I'm not so sure how much legal trouble they'd face. The mandatory data plan policy, as well as AT&T reserving its right to add data plans automatically if the policy ever isn't being met, have been on the books at least since the iPhone 3G release date.

They are included the text of every contract that has been activated on AT&T - no matter what phone was in use at the time the contract was signed - since that date. And hence every new customer added to AT&T's network since the date the iPhone 3G was introduced has signed their name on a document stating that they agree to those policies.

Due to the contract's clauses regarding making modifications to the terms and conditions, all existing customers who had a contract with AT&T prior to the date the iPhone 3G was released should have been sent notification of the changes to the the contract - and their decision to continue using and paying for the service serves, according to the contract, as the customer's explicit agreement to be bound by the revised terms. And hence every AT&T customer who was already signed on to AT&T's service prior to the release of the iPhone 3G, and who didn't choose to cancel the contract when the change was announced, has also agreed to the change.

There is always the remote possibility that if a challenge ever made it to court, a judge might determine such a contract clause to be unconscionable and throw it out. But I suspect such an outcome would be highly unlikely.

However, I wouldn't be surprised to see a ton of bad PR land on AT&T's doorstep.
 
i dunno why people think that this isnt going to happen and think they its illegal for ATT to do this.

Its written in the contract that they have the right to do it. They will do it...its just a matter of how its going to go about it.

Way too many people trying to get away without paying the data fee or using the wrong data plan. I knew ATT would do something to prevent it. After this, there will prob be another way to do it.
 
well here is what they are going to do...

basically after sept 14, if they detect you still have a iphone on a non iphone data plan (or any smartphone without the proper data plan) they will disconnect your data service all together. You will have to call ATT and setup the proper service for your phone.

they will check your device and if its a IMEI number from a normal smart phone, they will set it up as such...however, you switch over to the iphone and they disconnect your data completely.

So i guess that they will not auto charge people, they just disconnect the data till you get the proper one.

Now, will they let you have a iphone if you say disconnect the data? I know a few people who prob wouldnt mind that and just use Wifi hotspots.
 
well here is what they are going to do...

basically after sept 14, if they detect you still have a iphone on a non iphone data plan (or any smartphone without the proper data plan) they will disconnect your data service all together. You will have to call ATT and setup the proper service for your phone.

they will check your device and if its a IMEI number from a normal smart phone, they will set it up as such...however, you switch over to the iphone and they disconnect your data completely.

So i guess that they will not auto charge people, they just disconnect the data till you get the proper one.

Now, will they let you have a iphone if you say disconnect the data? I know a few people who prob wouldnt mind that and just use Wifi hotspots.
they CAN't take my iPhone. mine is first gen haha. and I put a block on my data, I dont want att data. I bought a verizon mifi and get 3g speed on my first gen hahahahahahaha! take THAT @thespaz!!!!!!
 
September 14th could be a bad day for AT&T and a great day for T-Mobile.

I got one of these texts as well. Waiting it out to see what the most likely scenario will be before taking action.
 
Wirelessly posted (iPhone 3G: Mozilla/5.0 (iPhone; U; CPU iPhone OS 3_0 like Mac OS X; en-us) AppleWebKit/528.18 (KHTML, like Gecko) Mobile/7A341)

I agree. They going to lose out. However I see that eve tmobile now is scanning for iPhone usage. If they detect it you need to add the correct plan. From what I understand they block out the ports that the iPhone uses to connect.
 
You should pay for what you agreed to in your contract with AT&T. If you don't want to pay for the data, don't buy an iPhone. Perhaps another carrier will offer a comprable device and offer it with data optional. Does anyone know of anything?

Between the free AT&T wifi spots and the amount of data I use over 3G, I feel I am getting a good value for my money. If something better comes along I'll switch devices and/or carriers.
 
What if i am using a factory unlock iPhone? Can i use AT&T? Can i join other data plan instead of the iPhone data plan?
 
You can use it on AT&T.
You can't use a noniphone data plan. They will eventually catch on since they been doing alot of sweeps.


What if i am using a factory unlock iPhone? Can i use AT&T? Can i join other data plan instead of the iPhone data plan?
 
You can use it on AT&T.
You can't use a noniphone data plan. They will eventually catch on since they been doing alot of sweeps.

indeed, as soon as you call someone or message a person, then your IMEI is transferred and shown on their system. If you still try and do it, they will just block data completely and you have to call ATT to get the correct plan.

There is no more of people trying to scam them using a reg smartphone plan.
 
indeed, as soon as you call someone or message a person, then your IMEI is transferred and shown on their system. If you still try and do it, they will just block data completely and you have to call ATT to get the correct plan.

There is no more of people trying to scam them using a reg smartphone plan.

How will I be charged? I thought the regular iPhone plan comes with a new iPhone and that is why it's so expensive. So there is a plan that is for customers that already has iPhone?
 
How will I be charged? I thought the regular iPhone plan comes with a new iPhone and that is why it's so expensive. So there is a plan that is for customers that already has iPhone?

Whenever you connect any iPhone (or other select smartphones) to AT&T's postpaid network, no matter if it was originally purchased from AT&T or from some other carrier, or what country it was originally purchased in, or if it was purchased at a subsidized price or outright, or whether or not it is unlocked, the only data plan you can officially use is the designated smartphone data plan. And the price of that smartphone data plan is the same regardless of any of the conditions listed above.
 
How will I be charged? I thought the regular iPhone plan comes with a new iPhone and that is why it's so expensive. So there is a plan that is for customers that already has iPhone?


a lot of people who have been with AT&T for years had old data plans they paid $15 a month for. they bought iphones and lied to CS that they lost them or whatever and used SIM cards from their old phones to get data at half the price.

for the last few months AT&T has caught on and has been auditing it's systems to catch this. and the rule is that starting next month if you buy a smartphone you have to get a $30 data plan.
 
I got this same message today too, and I've been using a non-jailbroken 3G on a regular AT&T family plan without a data plan since oct 08. The issue isnt that its jailbroken, it's that you're not paying them for the data plan. I talked to a couple AT&T customer service reps and they said come Sept. 14th, they're gonna automatically tack on the $30 data plan to your current plan. I'm trying to get around this by changing what device is listed under my phone number on the att website (right now it shows the iPhone, i tried changing it to a bb curve or a razr) but the device automatically resets to the iPhone after a few minutes.
No idea how to get around this now....

I don't think there is a way around this. They now automatically detect what phone you have. I had placed my iPhone SIM card in an older Motorola Mpx220 Smartphone. The website updated the iPhone to the Mpx220, on my Account, within a couple of minutes. When I switched it back into the iPhone, it updated it again within a couple of minutes. You may want to contact them so they don't place you under the Business Data Plan. Especially if you are under a FAN account!
 
Ok here is my situation. I have 2 iphones, and about 10 days ago I got the same text mesg from ATT with Sept 14 date.

1st iphone:
I have $20 Data plan from 3 years ago using my Treo 650.
I plan to get the 3GS and I dont mind them changing to $30 plan as I can get
a company discount, I will pay the same money after re-contract.
This is not an issue

2nd phone:
This is the one I have problem with. The plan does NOT have a data plan from 3 years ago. I actually asked ATT to put a block on the data stream.
Then I bought edge iphone used from ebay about 6 months ago, this is my wife's iphone.
She does not want data, she uses the iphone just for the phone and the ipod feature.
Well.... HOW THE HECK ATT can enforce me (or my wife) to get a data plan? We don't even have a data plan, we dont buy the phone thru ATT.

What should I do? just see what happens?
 
i think the rule with AT&T is that if you have a smartphone you have to have data even if you don't use it.

reason is they allowed some smartphones not to have data and a lot of people didn't like $1000 data bills at the crazy per MB charges. so they just force everyone to have a data plan now. it's a customer service nightmare the way it is now.
 
Ok here is my situation. I have 2 iphones, and about 10 days ago I got the same text mesg from ATT with Sept 14 date.

1st iphone:
I have $20 Data plan from 3 years ago using my Treo 650.
I plan to get the 3GS and I dont mind them changing to $30 plan as I can get
a company discount, I will pay the same money after re-contract.
This is not an issue

2nd phone:
This is the one I have problem with. The plan does NOT have a data plan from 3 years ago. I actually asked ATT to put a block on the data stream.
Then I bought edge iphone used from ebay about 6 months ago, this is my wife's iphone.
She does not want data, she uses the iphone just for the phone and the ipod feature.
Well.... HOW THE HECK ATT can enforce me (or my wife) to get a data plan? We don't even have a data plan, we dont buy the phone thru ATT.

What should I do? just see what happens?

you dont have a problem with #2. If you dropped the data plan and blocked data you're fine dont worry
 
as soon as his wife makes a phone call it will identify itself to AT&T with the IMEI number and then when they do the audit sweep it will come up.

it's like the NIC card MAC address. it's burned into the hardware and has nothing to do with the SIM card
 
are they going to offer people the ability to cut off data completely to the iphone? or any smartphone?

im sure some people would be happy about that....

they are just sick and tired of people trying to scam their way into cheaper service

not saying you are doing that, but thats the reason why they are being so strict with the iphone on their network.

also, some people who buy smartphones outside of ATT, have called up complaining about insane data charges cause they have no data service plan.
 
you dont have a problem with #2. If you dropped the data plan and blocked data you're fine dont worry

I make sure my wife does not use the data by:
- put the block (we call ATT to do that) 3 years ago not to receive internet data.
- use some SB setting in iphone to block internet data coming in (except wifi)
- We test it by trying to access internet & failed to connect.

So we never have any problem, but ATT also send her the text message last week regarding her iphone does not have "the necessary data plan for iphones".

So she does not have data plan, and she does not buy the phone thru ATT.

What I am worried is, that ATT will ADD a data plan for her line after Sept 14.

what's the chance?
 
there is no chance...

ok if youre not paying for data and not receiving it IT DOES NOT MATTER.

where people run into problems is if they have 15 or 20 dollar data plans on the 3g iphone.... THATS IT

in other words, if you are USING data that you are not PAYING FOR, then you will run into problems, otherwise you're fine
 
I expect that any time, the Hackers will release a Firmware hack that will spoof the iPhone as an iPod or something else that don't do Data...... like Plam did with the Pre and iTunes. Something that makes AT&T think it's a non-data phone.
 
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