It doesn't make sense to add a data plan when when I'm not using it at all and I don't need one for now. That was the only reason I bought 3GS on full price and I'm sure it has payed back, the only thing I wished was that it was unlocked but in 2009 it was At&T's exclusive reign. Anyways, the point is At&T should not automatically add data plan without permission (because ultimately we've to pay for it) and especially when you're not using it.
you might get away with f-tt's pay-as-you-go plan without data, but if all else fails, use h2o wireless. they use att's network so no need to jb / unlock your mom's iPhone
ps: there's some legal mumbo-jumbo in the contract, that data is mandatory when you use smartphones on their network. your your mom's contract is old & it doesn't have that clause, you might be able to fight with them, but prob not worth it