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[AT&T] is it legal to use the iPhone without a data plan?

Ok here is another question.

As far as i know, the carrier imposes the data plan because you are under contract for two years( mostly). Now what if I have already completed my two years of contract and using my AT&T on a monthly basis now,

Now, if I were to buy an unlocked iphone directly from apple ( which is available in the US now) by paying the full non subsidized rate of 649 (16gb) or 749(32gb). So even in that case can AT&T impose data plan on my number???
 
Enjoylife1788 said:
Now, if I were to buy an unlocked iphone directly from apple ( which is available in the US now) by paying the full non subsidized rate of 649 (16gb) or 749(32gb). So even in that case can AT&T impose data plan on my number???
Click to expand...

Yep, my understanding is that even in that case AT&T will add the data plan.
 
If you buy an unlocked phone you can use any SIM card in it as a standard phone.

-t
 
dave420 said:
Yep, my understanding is that even in that case AT&T will add the data plan.
Click to expand...

In that case, what difference does it make to buy a locked one or an unlocked one. There has to be a catch here. I mean if i am anyways paying so much per month. Then why would apple sell unlocked ones.
 
I don't know about the unique ID on devices, AT&T's ability to detect the device, or any of that other stuff. Here's what I do know:

I've been using a first generation iPhone (jailbroken) on AT&T for 3 years sans data plan. Never gotten an e-mail or anything about it. I've even taken it into an AT&T store to get a new sim card and the guy helping me thought it was a great idea.

It's especially useful because when I go to Europe (often enough) I can simply switch in the appropriate sim card when I get there. It's even more annoying to pay for a data plan you can't even use because you're outside the country.
 
fsu06 said:
I don't know about the unique ID on devices, AT&T's ability to detect the device, or any of that other stuff. Here's what I do know:

I've been using a first generation iPhone (jailbroken) on AT&T for 3 years sans data plan. Never gotten an e-mail or anything about it. I've even taken it into an AT&T store to get a new sim card and the guy helping me thought it was a great idea.

It's especially useful because when I go to Europe (often enough) I can simply switch in the appropriate sim card when I get there. It's even more annoying to pay for a data plan you can't even use because you're outside the country.
Click to expand...

On the 1st Generation iphone 2G you can take the data off and they wont add it automaticly.
All other iphone models they will.
 
Enjoylife1788 said:
In that case, what difference does it make to buy a locked one or an unlocked one. There has to be a catch here. I mean if i am anyways paying so much per month. Then why would apple sell unlocked ones.
Click to expand...
The unlocked one can be used on networks other than AT&T. It doesn't change how AT&T bills the account for the phone on its own network.
 
I have a question. I have an iPhone 4 my dad has an iPhone 4 too. My mom has iPhone 3GS. Now when the new iPhone comes out and I'm elgible for an upgrade for the new iPhone. Can I use the iPhone 3GS as like an iPod just for music and I go on runs with it without having to activate it? Or will AT&T know?
 
Krayzie116 said:
I have a question. I have an iPhone 4 my dad has an iPhone 4 too. My mom has iPhone 3GS. Now when the new iPhone comes out and I'm elgible for an upgrade for the new iPhone. Can I use the iPhone 3GS as like an iPod just for music and I go on runs with it without having to activate it? Or will AT&T know?
Click to expand...

Take out the SIM card and it becomes an iPod Touch. All of your apps will work (you'll need to be around WiFi if they require internet) and you'll be able to enjoy your music/ movies just fine.
 
Applejuiced said:
On the 1st Generation iphone 2G you can take the data off and they wont add it automaticly.
All other iphone models they will.
Click to expand...

I have used both the 3GS and 4 without a data plan on AT&Ts network. No problem.

-t
 
Enjoylife1788 said:
May I ask, how long did this success story last?

I mean for a few weeks or u got a run for months??
Click to expand...

My daughter uses her iPhone 4 without a data plan now and has for about 10 months.

I bought the unlocked phones in Malaysia and she never wanted a data plan so she uses the AT&T sim from her old phone.

-t
 
r.j.s said:
What are you going to do when they add the plan for you?
Click to expand...

What makes you think they will add a data plan? They have not done so in 10 months.

There is nothing in any of the terms of service documents that I can find that says a data plan is mandatory for any phone.

-t

Enjoylife1788 said:
In that case, what difference does it make to buy a locked one or an unlocked one. There has to be a catch here. I mean if i am anyways paying so much per month. Then why would apple sell unlocked ones.
Click to expand...

Apple makes the same on a phone sold locked or unlocked.

When you buy a locked phone, the phone company pays Apple for the phone, then you pay over time with your contract. This gets you into a phone for a low price - like $99 - plus a two year contract rather than $850 and no contract.

There are very few countries where the phone is locked to one carrier. In most countries you are free to choose any provider.

-t
 
Last edited by a moderator:
thewitt said:
What makes you think they will add a data plan? They have not done so in 10 months.

There is nothing in any of the terms of service documents that I can find that says a data plan is mandatory for any phone.

-t
Click to expand...

Then you are not looking hard enough.

http://www.wireless.att.com/cell-ph...hat Are The Voice And Data Plan Requirements?

An eligible tiered pricing data plan is required for certain Devices, including iPhones and other designated Smartphones.
Click to expand...

My guess is that if you purchased an unlocked iPhone from a non AT&T source, then AT&T doesn't have your IMEI listed in their system as an iPhone. OR, they do know it's an iPhone, but becuase they didn't sell it to you they aren't enforcing their own rule.

An EXTREMELY limited number of people seem to find a way around AT&T. However, to promote that as something we could teach someone on here to do would be misleading and breaking the AT&T TOS which is something we do not promote on this forum.
 
thewitt said:
What makes you think they will add a data plan? They have not done so in 10 months.

There is nothing in any of the terms of service documents that I can find that says a data plan is mandatory for any phone.

-t
Click to expand...

The contract says they will, and just because you haven't been caught yet doesn't mean it wont happen in the future.
 
Your link does not work, but since I did not purchase the phone from AT&T most of what they list in their TOS does not apply.

They have the phone correctly identified in my account as an iPhone and they have the IMEI number. The 3GS was set up with a data plan on my last visit home.

I've never tried to hide anything from them, and would not advocate doing so.

What I would suggest is that anyone interested in this option contact AT&T and ask.

It's clearly working for my daughter with no attempt to go around their system requirements.

-t
 
thewitt said:
Your link does not work, but since I did not purchase the phone from AT&T most of what they list in their TOS does not apply.


-t
Click to expand...

Its called "Terms of Service" not "Terms of Purchase". Assuming it doesn't apply would be incorrect. It only doesn't apply if AT&T has for some reason chosen not to apply it to you.

But if you have service with them, then you have agreed to these "Terms of Service".

Not trying to say you should pay, just picking at the semantics of your argument. Don't assume they won't someday come and whack you with a data plan because you think the TOS doesn't apply to you. But for your sake I hope they don't.

Also, many have called....and failed. It's a wasted effort. We speak from experience here, please don't ignore that.

Edit: tested link....works fine
 
The link does nothing from my iPad running Tapatalk...

When you called AT&T and gained your personal experience on this issue, were you signing up for service with an unlocked phone that you purchased outside of AT&T or an AT&T phone?

My personal experience consists of calling AT&T with my owned phone and signing up for a voice only plan.

Nothing magical. Just a phone call.

-t
 
Works fine from my iPad running Safari.

And by all means, users owning foreign iPhones should try. But AT&T iPhone owners are wasting their time.
 
Bumping an old thread here, but I found out my wife's 3GS was automatically given a Data Pro plan for $40 a month (we probably got a text warning about this but missed or ignored it.)

I actually have data turned off on her phone, she doesn't need data but having an iPhone 3GS is still better than a dumb phone for plenty of other reasons. I have a small plan on my iPhone already so no extra charges there.

AT&T was wiling as a '1-time courtesy' to credit me back the 2 months of data, but the rep told me that basically a data plan is absolutely required for smartphones and will automatically be added if they detect your iPhone during a network 'sweep'.

I'm not sure what I'm going to do, maybe go with Straight Talk. I just added an additional line for my daughter (again a 3GS!), so I guess it's only a matter of time before they ding us again for both phones.
 
A lot of bad information on here. I got iPhone 4's second hand for my fiance and her brother in March and last month and they both are using it without contracts. I think it has to do with them being on older voice plans.
 
saud0488 said:
A lot of bad information on here. I got iPhone 4's second hand for my fiance and her brother in March and last month and they both are using it without contracts. I think it has to do with them being on older voice plans.
Click to expand...

From everything that I've read, at some point AT&T will discover the iPhones and send them a message saying will automatically get data plans added to those lines. There are some extenuating circumstances, but it is rare (i.e. you have an international iPhone so ATT doesn't recognize the IMEI as belonging to a smartphone.)

I had done this successfully for months, and my daughter's iPhone still doesn't have a data plan. But I'm expecting that hers will be discovered sooner or later too.

We've been with AT&T since before the Cingular acquisition (we were originally on Cingular and then the takeover happened.)
 
saud0488 said:
A lot of bad information on here. I got iPhone 4's second hand for my fiance and her brother in March and last month and they both are using it without contracts. I think it has to do with them being on older voice plans.
Click to expand...

Most of the arguments here that I browsed through are basically stating "look, Jim has been smoking for 60 years and he is healthy as a horse! Cigarettes don't cause cancer!"

The fact of the matter is if AT&T's server "catches" you with a smartphone on their network and there is no data plan on the line, they will add it. To add insult to injury, they often add the top tier plan (although their tiers have changed now, so this may not be the case). Some have gone days, some weeks, and some many many months. The longer you go, the higher the likelihood you will eventually be charged.
 
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