AT&T can charge me for using jailbroken iPhone?

[rileyb76]

He still had to sign a contract when he opened his AT&T account. That contract incorporated the AT&T TOS, which specifies that iPhones cannot be used on an account without the appropriate data plan. That clause is in every AT&T contract, not just ones started with the purchase of an iPhone.

I do use the AT&T network, yes. That means a few years ago I did sign a contract and agreed to their terms of service. But I seriously doubt anything about the Iphone was on there way back then?

I just want to know if they can legally do this, and if anyone has ever seen this email? Thanks!

 

[eplchamps0305]

See my presponse, above. You still signed a contract, whether you purchased an iPhone when you did so or not. That said, as long as you don't use any data AT&T is unlikely to do anything beyond send you this email.

what if he signed the contract 4 years ago, and he has been month to month for the past 2 years. There was no iphone then.

 

[kcfroines]

I have a jailbroken iPhone. I don't have or want a data plan. I use Wifi solely.

I just got a text message from AT&T.

It reads...

"AT&T Free Msg: We need your help regarding your iPhone account. Your iPhone does not currently have the necessary data plan required for all iPhones. Please call us by Sept. 14. Just dial 611. We appreciate your business."

So they know. Now what?

EDIT: Screenshot or it didn't happen:

In your Picture it shows your on the "Edge" network, so apparently you ARE using some sort of data, and now they want you to pay for it...

 

[eplchamps0305]

I do use the AT&T network, yes. That means a few years ago I did sign a contract and agreed to their terms of service. But I seriously doubt anything about the Iphone was on there way back then?

I just want to know if they can legally do this, and if anyone has ever seen this email? Thanks!

I have the iphone 3gs and use it without the data plan.Never seen that email. You need to get a basic ATT phone, put your sim card in that, and call them that you are no longer using the iphone.

 

[schwell]

what is the point of having wifi feature on an iphone when at&t requires every iphone owner to be on a data plan??

1. Becasue wifi is faster and off loads traffic from the carrier network.

2. If it was not included you and millions would be bitching that Apple should include it.

 

[ViViDboarder]

1. Becasue wifi is faster and off loads traffic from the carrier network.

2. If it was not included you and millions would be bitching that Apple should include it.

Zing!!!!!!!

I'm pretty sure the idea is what was mentioned earlier... If you are using an iPhone on a dataplan you need to be on the iPhone dataplan. If you are using an old contract without any clause with the iPhone in it, you should be fine with no dataplan.

 

[ruinfx]

I do use the AT&T network, yes. That means a few years ago I did sign a contract and agreed to their terms of service. But I seriously doubt anything about the Iphone was on there way back then?

I just want to know if they can legally do this, and if anyone has ever seen this email? Thanks!

you do not have to physically "sign" anything to update your contract. I think the way it works is that when the ToS are updated, customers are notified on the next bill. when you pay that bill, you are essentially agreeing to the new ToS. so although you never signed a specific "iphone contract", your ToS does include the mandatory data plan section for iphones because you accepted the new ToS when you continued your service with at&t.

what you can do is continue to use your iphone with no data plan and hope at&t doesnt decide to strictly enforce their ToS. if they do, they will likely just add the $30 data plan to your account. its not like they will send you to jail, they would rather have you on at&t paying the $30 extra a month.

 

[opinioncircle]

I'd call the AT&T Customer service to ensure that they won't charge me willie nellie. But I would suggest that I do have an iPhone, but no data plan. They can't force you into purchasing a data plan.

 

[ruinfx]

I'd call the AT&T Customer service to ensure that they won't charge me willie nellie. But I would suggest that I do have an iPhone, but no data plan. They can't force you into purchasing a data plan.

at&t absolutely could if they wanted to be sticklers. whether or not they will is another story.

 

[ViViDboarder]

I'd call the AT&T Customer service to ensure that they won't charge me willie nellie. But I would suggest that I do have an iPhone, but no data plan. They can't force you into purchasing a data plan.

at&t absolutely could if they wanted to be sticklers. whether or not they will is another story.

Well... They can't "force" you to. They can say, "either pay for data or GTFO!" and you can chose to "GTF To T-Mobile. "

 

[sorchard]

It's a pity there's no way to change the IMEI of your iphone anymore. I'm not clear if that's because it's illegal in some countries

It is highly illegal in the UK and I wouldn't be surprised if it is similar in many of the other EU countries.

The reason is that the networks in the UK and most if not all of the EU have a centralised IMEI blacklist for stolen phones - if your phone is lost or stolen you can have it put into the blacklist - the result being that the phone is made worthless since it either won't register to the network, or it does but no calls/sms/data. If you find the phone again you can have it removed.

It makes the phone worthless inside the blacklist area, but I have heard of some unscrupulous people selling them on to countries where the blacklist is not implemented.

As for IMEI changing, has Apple finally did what (at least Nokia does) should have been done - put the IMEI inside a one-time programmable chip. At least then you need to do some SMD soldering to get it changed.

 

[thelatinist]

I do use the AT&T network, yes. That means a few years ago I did sign a contract and agreed to their terms of service. But I seriously doubt anything about the Iphone was on there way back then?

I just want to know if they can legally do this, and if anyone has ever seen this email? Thanks!

The contract incorporates the TOS and also has a clause allowing changes to the terms. Because this cannot be done without your consent, the procedure is that they notify you of the new TOS in your monthly bill. Your option is then to refuse the changes and cancel your contract by terminating your service (ETF-free, if the changes are considered 'materially adverse') or to accept the changes and continue your service. By paying your bill, you accept the changes and they become incorporated into your contract.

Note also that if you have upgraded your phone since you opened your account you have created a new contract, subject to the terms of service at the time of your upgrade and any changes you have accepted since then.

So the answer is that, yes, they probably legally can add the data plan to your account. I haven't heard of them doing it, but it is probably within their rights under your contract. Chances are that they won't, but they could.

 

[eplchamps0305]

I wonder why they are pestering you. I use my 3gs without a data plan. No problems from AT&T. They won't add the data plan for you. I have not heard of a case where they have.

 

[jav6454]

I wonder why they are pestering you. I use my 3gs without a data plan. No problems from AT&T. They won't add the data plan for you. I have not heard of a case where they have.

Did you read the above?? AT&T can add the plan on your bill, but so far no known reports of them actually doing it. Thet are well within legal bounds to do so.

 

[Gatorboy019]

Will simply disabling EDGE instead of unlocking work?

I Jailbroke my 3g 3.1.3 with Snowbreeze but I can't unlock it because it's bootloader 6.4. I've been trying to find a solution but am giving up until the someone comes up with something. But I'm wondering if I have to unlock it anyway.

This is what I want to do. I'm an AT&T customer and I want to know if as long as I disable EDGE, will AT&T still recognize that I took a SIM out of my other cell and put it in my iPhone and charge me for data?

My SIM is secondary on the account. Meaning my mom added my old cell phone to her account. So currently AT&T thinks I have a Samsung, and it's not the primary phone on the account.

As long as it's jailbroken and EDGE is blocked it should be okay right? (I don't need EDGE because I only use data on wifi, and (exclusive) my entire neighborhood has free wifi on top of the water tower anyway. hehe)

Maybe this should be the question: Does jailbreaking block the phone's ID from AT&T or is unlocking the only solution even though I'm not going with another carrier?

 

[SpaceKitty]

I Jailbroke my 3g 3.1.3 with Snowbreeze but I can't unlock it because it's bootloader 6.4. I've been trying to find a solution but am giving up until the someone comes up with something. But I'm wondering if I have to unlock it anyway.

This is what I want to do. I'm an AT&T customer and I want to know if as long as I disable EDGE, will AT&T still recognize that I took a SIM out of my other cell and put it in my iPhone and charge me for data?

My SIM is secondary on the account. Meaning my mom added my old cell phone to her account. So currently AT&T thinks I have a Samsung, and it's not the primary phone on the account.

As long as it's jailbroken and EDGE is blocked it should be okay right? (I don't need EDGE because I only use data on wifi, and (exclusive) my entire neighborhood has free wifi on top of the water tower anyway. hehe)

Maybe this should be the question: Does jailbreaking block the phone's ID from AT&T or is unlocking the only solution even though I'm not going with another carrier?

Jailbreaking does not block the phones ID from AT&T. AT&T will always know what kind of phone you are using with your sim.

 

[rileyb76]

I Jailbroke my 3g 3.1.3 with Snowbreeze but I can't unlock it because it's bootloader 6.4. I've been trying to find a solution but am giving up until the someone comes up with something. But I'm wondering if I have to unlock it anyway.

This is what I want to do. I'm an AT&T customer and I want to know if as long as I disable EDGE, will AT&T still recognize that I took a SIM out of my other cell and put it in my iPhone and charge me for data?

My SIM is secondary on the account. Meaning my mom added my old cell phone to her account. So currently AT&T thinks I have a Samsung, and it's not the primary phone on the account.

As long as it's jailbroken and EDGE is blocked it should be okay right? (I don't need EDGE because I only use data on wifi, and (exclusive) my entire neighborhood has free wifi on top of the water tower anyway. hehe)

Maybe this should be the question: Does jailbreaking block the phone's ID from AT&T or is unlocking the only solution even though I'm not going with another carrier?

ALl about the IMEI: LINK

 

[cisco the kid]

The only thing they know (and care about) is if you're not paying for the right iPhone data plan.

There are hundreds of thousands of jailbroken iPhones on AT&T, but the only people that AT&T is txting are the ones on the wrong plans. So it's not like jailbreaking is what they care about.

I think everyone gets what you're saying, ... you're just saying it sort of weird.

I believe by default, A T & T has each customers CC on file. If there's any way to extract funds from a customer due to a contractual interpretation, I think they'll do it.

I also have a JB, unlocked, 3gs phone. A T & T told me I would be charged for any data transfer even if I use my WiFi in my house.

 

[cisco the kid]

What kind of moronic conclusion is that?

You can't make phone calls with an iPod Touch.

The iPhone is ONE device, that is exactly like the iPod Touch with the added extra of a camera, phone, and the ability to have data on the move. Some people just don't need this data on the move part.

Are you suggesting www.skype.com can't be used for making a call?

 

[goosnarrggh]

I believe by default, A T & T has each customers CC on file. If there's any way to extract funds from a customer due to a contractual interpretation, I think they'll do it.

I also have a JB, unlocked, 3gs phone. A T & T told me I would be charged for any data transfer even if I use my WiFi in my house.

Whoever told you that you would be charged for WiFi data access is spouting absolute drivel. AT&T only knows about your activities which pass through their network. Data transfers via WiFi do not pass through their network (unless, I guess, you're using a public hotspot administered by AT&T), so AT&T doesn't know anything about them.

Whatever corrective actions they may or may not take in terms of enforcing your use of an authorized data plan for cellular data access, I can assure you that they have no say over your ability to use, or be changed for, WiFi access.

 

[hxh103]

att automatically added iphone data plan

Did you read the above?? AT&T can add the plan on your bill, but so far no known reports of them actually doing it. Thet are well within legal bounds to do so.

I have a normal iphone 3gs (not unlocked or JB) that I bought on craigslist. I have been using it for a couple of weeks with no problems. Just today they sent me a txt saying they will be automatically adding a data plan to my phone. I have all data blocked from ATT as well as data being disabled in the iphone. The CSR told me they did a sweep for iphones IMEI without data plan. I told her to take it off but she told me that the data plan will be added again if I use the iphone again.

This is absolute BS...Is there anyway to get around this? It doesn't seem so since they are just checking the IMEI and unlocking or JB will not do anything. The only thing is to change the IMEI which is difficult and illegal.

 

[cobra5mil]

There is no way around this. You signed a contract saying that if you used an iPhone, you would pay for the data plan based on the iPhone gen. You also agreed that AT&T can make changes to your plan so you are in compliance with your contract.

This is a reason why people unlock their iPhone and go to other carriers.

 

[SAD*FACED*CLOWN]

AT&T can't detect if you're jailbroken or not but Apple can, and they will break your balls until you get right....AT&T only knows about your usage or lack of usage

 

[caltrinity]

sigh.. in the land of the free... it seems like we're not very "free" at all...

We don't have very many choices... and the AT&T contracts are clearly written against the rights of consumers... thus if you want an iPhone here in the States, you have to sign with AT&T. sad.

Fortunately there's at least 2 alternatives.

1) Switch to AT&T prepaid.
2) Switch to T-Mobile where at least for the time being, they welcome iPhone users and don't force you on any data plan. You'll only be at 2.5G Edge speeds but better than nothing.

 

[AdultHere]

Yes: att automatically added iphone data plan

I have the 3GS unblocked and jailbreak, but my carrier is AT&T. Per hxh103 's post, I have been fighting against AT&T to get rid of the Data Plan charge last 2 months. IMEI scan will force you to pay for the Data Plan.