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Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
I still think its nonsense and that they shouldnt force anyone into a service they dont want/need any more. Thats why many times they let customers remove the data plan and with those that have an iphone without data they dont even say anything.
I know plenty of people that use Iphone 2G's and 3G's without data, just wifi on AT&T without any problems.
 

ec51

macrumors 6502
Jun 28, 2008
462
5
Okay, basic contracts lesson just for those of you still arguing that you "didnt agree to the terms," or that the terms shouldnt apply to you just because you didnt read them and "shouldnt be expected to read them, because they are long."



You go to a baseball game and sit in the stands and then are knocked out by either a flying ball or piece of a bat, you CANNOT sue because you agreed to the terms of attending the game when you purchased the ticket. The terms are clearly on the back of the ticket and its implied that you accept them when you attend the game. Plain and simple - you didnt have to sign anything. Your agreement was implied.


Try buying a house and arguing that the mortgage contract was "too long and I shouldnt have to read it and no one explained it to me....."
 

ruinfx

macrumors 6502a
Feb 20, 2008
894
0
I still think its nonsense and that they shouldnt force anyone into a service they dont want/need any more. Thats why many times they let customers remove the data plan and with those that have an iphone without data they dont even say anything.
I know plenty of people that use Iphone 2G's and 3G's without data, just wifi on AT&T without any problems.

everyone knows that there are people using the wrong data plan or no data plan with the iphone 3g. that doesnt mean that its "ok" or somehow the terms of service are invalid. all that means is that att is currently not strictly enforcing that part of the terms.
 

bigchief

macrumors 6502a
Feb 26, 2009
902
180
I still think its nonsense and that they shouldnt force anyone into a service they dont want/need any more. Thats why many times they let customers remove the data plan and with those that have an iphone without data they dont even say anything.
I know plenty of people that use Iphone 2G's and 3G's without data, just wifi on AT&T without any problems.

I bought a BlackBerry 8320 off ebay and put my sims card in it and didn't ask for a data plan because I was only going to use it with wifi. The next day I looked at my online at&t account and there plain as day it showed my phone to be a BlackBerry 8320. Worried I would be charged for data I click on questions about your device and typed in "data plan". The response was "You do not have to have a data plan with your device. You are only required to have a data plan with an iphone. If you need a data plan it will be $30 a month."

Needles to say I was surprised they knew I had changed phones and they knew what I needed to know about data for my phone.
 

khkman22

macrumors member
Mar 4, 2009
74
0
you two are both pretty obtuse huh? it doesnt matter where you got the iphone. could be from an att/apple store, your aunt susie, ebay, craigslist, stolen from your coworkers desk. what matters is that you:

1. have att service
2. are using an iphone on the att network

that makes you are subject to the "iPhone Terms and Conditions". being uninformed is not an excuse. the fact that you didnt read the entire thing or the sales rep didnt walk you through it word by word is no excuse, you are still held to those terms and conditions as someone that has a contract with att.



simply putting your att simcard in an iphone makes that paragraph apply to you. dont like it? switch to t-mobile. otherwise, suck it up and deal.


Unfortunately, they do not define who an iPhone customer is in the iPhone Terms and Conditions section. Does that include the iPhone 2G customers? If so, then they contradict themselves because they do not force 2G owners to have a data plan. So, I guess iPhone 2G aren't iPhone owners? But that doesn't make sense because they HAVE AN IPHONE! So, AT&T, who truly is an iPhone customer? Define it and maybe I'll play by the rules.
 

ruinfx

macrumors 6502a
Feb 20, 2008
894
0
Unfortunately, they do not define who an iPhone customer is in the iPhone Terms and Conditions section. Does that include the iPhone 2G customers? If so, then they contradict themselves because they do not force 2G owners to have a data plan. So, I guess iPhone 2G aren't iPhone owners? But that doesn't make sense because they HAVE AN IPHONE! So, AT&T, who truly is an iPhone customer? Define it and maybe I'll play by the rules.

lol you act like you are such a badass when in reality you are only "not playing by the rules" because att lets you.
 

khkman22

macrumors member
Mar 4, 2009
74
0
Okay, basic contracts lesson just for those of you still arguing that you "didnt agree to the terms," or that the terms shouldnt apply to you just because you didnt read them and "shouldnt be expected to read them, because they are long."



You go to a baseball game and sit in the stands and then are knocked out by either a flying ball or piece of a bat, you CANNOT sue because you agreed to the terms of attending the game when you purchased the ticket. The terms are clearly on the back of the ticket and its implied that you accept them when you attend the game. Plain and simple - you didnt have to sign anything. Your agreement was implied.


Try buying a house and arguing that the mortgage contract was "too long and I shouldnt have to read it and no one explained it to me....."

Unfortunately, neither or your cases hold water against my argument....apples and oranges.

I said I agreed to a contract long ago (before the 1st iPhone came out). It said nothing about having to have a data plan with any type of phone. So, since iPhones are SIM swappable, I can use it without needing to sign up for a new plan. I don't care what the iPhone plan says because that's not the one I agreed to.

Now as for the baseball ticket and mortgage contract....obviously those are the terms I agreed to when I purchased the ticket and signed my mortgage contract (EXPLICITY STATED WHETHER I READ IT OR NOT). They didn't change the rules after I purchased either of them. So yes, I will play by those rules.
 

khkman22

macrumors member
Mar 4, 2009
74
0
lol you act like you are such a badass when in reality you are only "not playing by the rules" because att lets you.

Actually I am playing by the rules since I only have a 2G. But I guess I'm not allowed to defend situations that don't apply to me huh?
 

ruinfx

macrumors 6502a
Feb 20, 2008
894
0
Actually I am playing by the rules since I only have a 2G. But I guess I'm not allowed to defend situations that don't apply to me huh?

you can defend internet situations all you want but it has no bearing on reality.
 

khkman22

macrumors member
Mar 4, 2009
74
0
you can defend internet situations all you want but it has no bearing on reality.

Maybe it does. AT&T has been able to tell since the 3G came out what phone people are using. Why do they just keep sending warning texts instead of actually enforcing their policy? Seems pretty stupid to voluntarily shortchange yourself on revenue if you know you have every legal right to it. Maybe they send the texts in hopes of people voluntarily switching because the people think they will get switched over anyway, but AT&T does not force it upon people because they know it will open them up for a lawsuit. What about the claims from numerous people that have said they got AT&T to block data when AT&T knew they had an iPhone on that account? Until it is actually enforced, people not "playing by the rules" have no reason to think they are doing anything that is not legally allowed or not within the terms of their contract.
 

ruinfx

macrumors 6502a
Feb 20, 2008
894
0
Maybe it does. AT&T has been able to tell since the 3G came out what phone people are using. Why do they just keep sending warning texts instead of actually enforcing their policy? Seems pretty stupid to voluntarily shortchange yourself on revenue if you know you have every legal right to it. Maybe they send the texts in hopes of people voluntarily switching because the people think they will get switched over anyway, but AT&T does not force it upon people because they know it will open them up for a lawsuit. What about the claims from numerous people that have said they got AT&T to block data when AT&T knew they had an iPhone on that account? Until it is actually enforced, people not "playing by the rules" have no reason to think they are doing anything that is not legally allowed or not within the terms of their contract.

people using the wrong plan should not think what they are doing is legally allowed or withing the terms of their contract. it clearly isnt.

think of it like speeding. you could be going 75 in a 65 on the highway and drive right past a cop. the cop doesnt come after you and pull you over even though you are clearly breaking the law. does that somehow mean you are legally allowed to go 10 above on the highway? no, its still illegal but just not strictly enforced. if the next week a cop pulls you over for doing 75 in a 65 would you tell him to take a hike because you werent pulled over last week?
 

khkman22

macrumors member
Mar 4, 2009
74
0
people using the wrong plan should not think what they are doing is legally allowed or withing the terms of their contract. it clearly isnt.

Once again, for the ones who agreed to the iPhone contract and bought from AT&T, that's one thing, but for the ones who have gotten an iPhone from a secondary transaction and never modified their contract they originally signed, they are within the terms of their contract.
 

ruinfx

macrumors 6502a
Feb 20, 2008
894
0
Once again, for the ones who agreed to the iPhone contract and bought from AT&T, that's one thing, but for the ones who have gotten an iPhone from a secondary transaction and never modified their contract they originally signed, they are within the terms of their contract.

maybe you should go back and read the previous page of this thread because i already addressed this. you accept the updated terms that includes the iphone section simply by continuing to use your service. no physical re-signing necessary.
 

nirav464

macrumors member
Original poster
Jan 9, 2008
40
0
I don't understand why people are even posting the way they are.
I, the OP asked a question, not anyone's opinion on the legality or terms of contract. If this question had a problem with legality, then it would have been removed days ago.

Of the fours pages of posts, only a handful have answered my question.
 

ruinfx

macrumors 6502a
Feb 20, 2008
894
0
I don't understand why people are even posting the way they are.
I, the OP asked a question, not anyone's opinion on the legality or terms of contract. If this question had a problem with legality, then it would have been removed days ago.

Of the fours pages of posts, only a handful have answered my question.

yes because your question was simple and could have been answered with a quick search of the forum or google.
 

khkman22

macrumors member
Mar 4, 2009
74
0
maybe you should go back and read the previous page of this thread because i already addressed this. you accept the updated terms that includes the iphone section simply by continuing to use your service. no physical re-signing necessary.

So why is it that by just putting your SIM card in you are agreeing to the iPhone data plan, but not the new minutes plans? Doesn't make sense that it changes only one portion of the contract I originally agreed to.
 

ruinfx

macrumors 6502a
Feb 20, 2008
894
0
So why is it that by just putting your SIM card in you are agreeing to the iPhone data plan, but not the new minutes plans? Doesn't make sense that it changes only one portion of the contract I originally agreed to.

you should really call att or ask your mom and dad because you dont seem to understand anything about your cell phone contract or the terms of service you are accountable to.
 

9822679

Cancelled
Aug 25, 2008
1,119
0
Whats illegal is AT&T forcing me to have a data plan on my phone.
Unlike every other phone you have the choice of having internet or disabling it.
I should be able to decide wheather I need a particular service or not and to active it or remove it at any time I feel like it.
Thats how all other subsidyzed phones work.
I wouldnt be surprised if we see a class action lawsuit down the road against AT&T.


Man this guy doesn't stop whining

a) You signed a contract when you bought an iPhone 3G that stated that a Data plan WAS REQUIRED

b) even if you happened to buy an iPhone 3G off someone online, AT&T has the right to change your monthly bill to the correct amount ( you signed a contract when you signed up for AT&T)

NO ONE held a gun to your head, its not illegal, there will be no class action law suit. If you don't like it, then its your own fault

yes because your question was simple and could have been answered with a quick search of the forum or google.

what he said
 

Applejuiced

macrumors Westmere
Apr 16, 2008
40,672
6,533
At the iPhone hacks section.
There wont be a law suit cause AT&T is not forcing it upon everyone.
Many people can remove their data plan, it has been done many times and will continue.
If they do push it, it will happen.
Get over it, noone is whinning. Just stating the obvious.

NO ONE held a gun to your head, its not illegal, there will be no class action law suit. If you don't like it, then its your own fault



what he said
 

DipDog3

macrumors 65816
Sep 20, 2002
1,191
812
I bought a BlackBerry 8320 off ebay and put my sims card in it and didn't ask for a data plan because I was only going to use it with wifi. The next day I looked at my online at&t account and there plain as day it showed my phone to be a BlackBerry 8320. Worried I would be charged for data I click on questions about your device and typed in "data plan". The response was "You do not have to have a data plan with your device. You are only required to have a data plan with an iphone. If you need a data plan it will be $30 a month."

Needles to say I was surprised they knew I had changed phones and they knew what I needed to know about data for my phone.

AT&T does sweeps and collects IMEI numbers from all phones and from that number they can tell what phone you have.
 
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