If I replace my phone with an old one I already have, will I be locked into a 2 year contract?

[catback]

Hi,

I have a Curve 8310 that is under contract until Feb 2010. However, it is currently eligible for an upgrade so I can replace it with any phone AT&T offers as long as I sign on for another 2 year contract.

I have an old LG phone that I purchased and used through AT&T several years ago. I haven't used it in several years but I would like to replace my current Blackberry with this phone. Anyone know if I will be locked into another 2 year contract with this phone eventhough it technically isn't a new purchase or upgrade? I've had conflicting responses by customer service reps.

[Irish Rose ACE - Guru]

No, you will not be locked into another contract by using an old phone that you had in the past.

[catback]

Well I spoke with yet another rep and they were pretty adamant that in order to be eligible for the early upgrade (and consequently break out of the Curve's contract), I would have to meet two requirements:

-purchase a new phone through AT&T

-sign on for a two year contract with this new phone

Since what I'm asking doesn't meet these requirements, I would not be eligible to switch to the old LG phone unless I paid an early termination fee for the Curve. Seems they really box you in with these contract restrictions.

[Irish Rose ACE - Guru]

---

catback wrote:

Well I spoke with yet another rep and they were pretty adamant that in order to be eligible for the early upgrade (and consequently break out of the Curve's contract), I would have to meet two requirements:

-purchase a new phone through AT&T

-sign on for a two year contract with this new phone

Since what I'm asking doesn't meet these requirements, I would not be eligible to switch to the old LG phone unless I paid an early termination fee for the Curve. Seems they really box you in with these contract restrictions.

---

Simply going back, and using an "old" phone that you used in the past, will not force you to break the contract that you got when you signed up with the Curve, I do it ALL the time, and so do many other people, and we are NOT locked into another contract, nor do we have to break the contract we are in.

NOTE: If you purchased the Curve from a third party dealer, and not through AT&T directly, you may be bound by the "terms of service" from that dealer, which could cause you not to be able to use another device for a period of time. However, the Curve if purchased through AT&T directly, and using another device "IS" allowed..............

Message Edited by Irish Rose on 10-11-2009 05:17:00 AM

[catback]

Thanks Irish Rose. I will pursue this option further.

[Irish Rose ACE - Guru]

You are welcome catback, please let us know how you make out with this.

[Andy in NY]

---

catback wrote:

Well I spoke with yet another rep and they were pretty adamant that in order to be eligible for the early upgrade (and consequently break out of the Curve's contract), I would have to meet two requirements:

-purchase a new phone through AT&T

-sign on for a two year contract with this new phone

Since what I'm asking doesn't meet these requirements, I would not be eligible to switch to the old LG phone unless I paid an early termination fee for the Curve. Seems they really box you in with these contract restrictions.

---

the phone is not under contract, the line is. you can swap phones all you want. the only time att can lock you into a new contract is if they subsidize the price of a phone. the only way you break your contract and have to pay EFT is if you cancel the line.

i switch phones at least once a week, going from my bb pearl to an old nokia flip used when i am working in the yard, cutting firewood and fishing on the boat so that nothing happens to my pearl. 

Message Edited by Andy in NY on 10-12-2009 11:06:52 AM

[catback]

The Curve I currently own was purchased through AT&T at a discounted price since I signed on to a 2-year contract. However, you're saying any phone can be used during that period as long as the line is maintained?

The primary reason for switching from my Blackberry to my old phone, truth be told, is as follows. The Curve does not have a data plan currently and since it was purchased prior to Sept. 6, it is not required to have one. There are a few new apps made available recently from Blackberry that require a data connection that I would like to try, sort of like a trial period to see if they are suitable for my needs. However, if I add the data plan now, I will not be able to remove it as long as I continue to use the Curve. Therefore, if I decided the apps weren't right for me, I would switch my phone to the older one so I wouldn't be stuck paying $30/month for a data plan service I don't need. I am willing to sacrifice the features of the Curve if it means saving this monthly fee.

Let me know if you see a flaw in my logic.

[takeshi]

---

catback wrote:

However, you're saying any phone can be used during that period as long as the line is maintained?

---

Yup!

[Irish Rose ACE - Guru]

---

catback wrote:

The Curve I currently own was purchased through AT&T at a discounted price since I signed on to a 2-year contract. However, you're saying any phone can be used during that period as long as the line is maintained?

The primary reason for switching from my Blackberry to my old phone, truth be told, is as follows. The Curve does not have a data plan currently and since it was purchased prior to Sept. 6, it is not required to have one. There are a few new apps made available recently from Blackberry that require a data connection that I would like to try, sort of like a trial period to see if they are suitable for my needs. However, if I add the data plan now, I will not be able to remove it as long as I continue to use the Curve. Therefore, if I decided the apps weren't right for me, I would switch my phone to the older one so I wouldn't be stuck paying $30/month for a data plan service I don't need. I am willing to sacrifice the features of the Curve if it means saving this monthly fee.

Let me know if you see a flaw in my logic.

---

Yes, which is exactly what I said in my above post. You are not breaking a contract simply because you stop using the Curve, and use the older LG phone that you had. And yes, if you add the data plan, then switch to a dumbphone, AT&T can remove the data plan for you.  However, If you stop using the Curve, and start using an LG "dumbphone", and then at a later time go back to using the BB Curve again, technically AT&T could then add the $30 data plan on to your account. This is because you are going FROM a dumb phone which doesn't require a data plan, TO a smartphone which does require a data plan.......... If this is what you are planning to do, you should contact customer care again and make sure they won't add the data plan on to your account if you plan on going back to the BB Curve again later.

[Ron_Miami]

---

catback wrote:

The Curve I currently own was purchased through AT&T at a discounted price since I signed on to a 2-year contract. However, you're saying any phone can be used during that period as long as the line is maintained?

The primary reason for switching from my Blackberry to my old phone, truth be told, is as follows. The Curve does not have a data plan currently and since it was purchased prior to Sept. 6, it is not required to have one. There are a few new apps made available recently from Blackberry that require a data connection that I would like to try, sort of like a trial period to see if they are suitable for my needs. However, if I add the data plan now, I will not be able to remove it as long as I continue to use the Curve. Therefore, if I decided the apps weren't right for me, I would switch my phone to the older one so I wouldn't be stuck paying $30/month for a data plan service I don't need. I am willing to sacrifice the features of the Curve if it means saving this monthly fee.

Let me know if you see a flaw in my logic.

---

Make friends with someone with an at&t Berry.  Then borrow his SIM.

[catback]

You're correct Irish Rose. Any phone can be used on the line without breaking the contract. In addition, if the Blackberry is put back into use again, a data plan will be required.

On a side note, I asked the rep what AT&T's policy was for activating an unlocked phone originally branded by another carrier. Half expecting to hear a list of restrictions, I was surprised when he said it was done often and wouldn't be a problem as long as the IMEI number was provided.

[lpudas]

---

catback wrote:

Hi,

I have a Curve 8310 that is under contract until Feb 2010. However, it is currently eligible for an upgrade so I can replace it with any phone AT&T offers as long as I sign on for another 2 year contract.

I have an old LG phone that I purchased and used through AT&T several years ago. I haven't used it in several years but I would like to replace my current Blackberry with this phone. Anyone know if I will be locked into another 2 year contract with this phone eventhough it technically isn't a new purchase or upgrade? I've had conflicting responses by customer service reps.

---

I've read on down for awhile. You don't need to contact AT&T to tell them you are using your old phone. Just simple place your sim card in your old phone and keep on trucking. At&t doesn't care what phone you use as long as you pay your bill. Don't overanalyze.

[Irish Rose ACE - Guru]

---

catback wrote:

You're correct Irish Rose. Any phone can be used on the line without breaking the contract. In addition, if the Blackberry is put back into use again, a data plan will be required.

On a side note, I asked the rep what AT&T's policy was for activating an unlocked phone originally branded by another carrier. Half expecting to hear a list of restrictions, I was surprised when he said it was done often and wouldn't be a problem as long as the IMEI number was provided.

---

Yes, and as I said, I do it all the time myself, including using my unlocked phones from T-Mobile.

[lpudas]

---

Irish Rose wrote:

---

catback wrote:

You're correct Irish Rose. Any phone can be used on the line without breaking the contract. In addition, if the Blackberry is put back into use again, a data plan will be required.

On a side note, I asked the rep what AT&T's policy was for activating an unlocked phone originally branded by another carrier. Half expecting to hear a list of restrictions, I was surprised when he said it was done often and wouldn't be a problem as long as the IMEI number was provided.

---

Yes, and as I said, I do it all the time myself, including using my unlocked phones from T-Mobile.

---

Can you get a bb from another carrier that AT&T doesn't carry, unlock it and use your AT&T sim card on it. I think the answer is no but what do I know. I'm learning every day! I don't think I'd want to do it even. I assume you have to pay full price without a plan so why would I want to do that?

[Irish Rose ACE - Guru]

---

lpudas wrote:

Can you get a bb from another carrier that AT&T doesn't carry, unlock it and use your AT&T sim card on it. I think the answer is no but what do I know. I'm learning every day! I don't think I'd want to do it even. I assume you have to pay full price without a plan so why would I want to do that?

---

The answer is no, AT&T can and will track you by the IMEI number, and add the $30 data plan to your account anyway. However, you will not have to sign another contract if you bring in an unlocked phone from another carrier.

[lpudas]

---

Irish Rose wrote:

---

lpudas wrote:

Can you get a bb from another carrier that AT&T doesn't carry, unlock it and use your AT&T sim card on it. I think the answer is no but what do I know. I'm learning every day! I don't think I'd want to do it even. I assume you have to pay full price without a plan so why would I want to do that?

---

The answer is no, AT&T can and will track you by the IMEI number, and add the $30 data plan to your account anyway. However, you will not have to sign another contract if you bring in an unlocked phone from another carrier.

---

No, no, that wasn't my question. I keep seeing people say they bought a phone from t-mobile or verizon and are using it with AT&T. Say you want a 8520 which t-mobile carries and AT&T doesn't. Can you buy that phone from t-mobile and use it with at&t even though AT&T doesn't carry that phone? Data plan is a foregone conclusion to me.Got a bb of any kind, gotta have a data plan! I have no desire to do anything illegal. 

[yongfcb]

Illegal?That's scary!!

No law says you can't use YOUR phone on a network that you PAID.

I had a TM dash, unlocked by T-M, and used it on att for years. No data plan were added (of course I never use the internet connection except wifi).

True that att is able to track your IMEI. But they only add data according to the IMEI you registered with them. 

[Irish Rose ACE - Guru]

---

lpudas wrote:

No, no, that wasn't my question. I keep seeing people say they bought a phone from t-mobile or verizon and are using it with AT&T. Say you want a 8520 which t-mobile carries and AT&T doesn't. Can you buy that phone from t-mobile and use it with at&t even though AT&T doesn't carry that phone? Data plan is a foregone conclusion to me.Got a bb of any kind, gotta have a data plan! I have no desire to do anything illegal. 

---

Yes, you can use any unlocked phone from T-Mobile or a Verizon  BB as long as it has the GSM frequencies that are needed to run on AT&T's network. 

[Irish Rose ACE - Guru]

---

yongfcb wrote:

Illegal?That's scary!!

No law says you can't use YOUR phone on a network that you PAID.

I had a TM dash, unlocked by T-M, and used it on att for years. No data plan were added (of course I never use the internet connection except wifi).

True that att is able to track your IMEI. But they only add data according to the IMEI you registered with them. 

---

I think the name that was meant was "mandatory", and not illegal. However, a data plan is required on ALL smartphones even if they are unlocked, and unbranded, so good luck to those that are using one of those who were not grandfathered in before Sep. 6th.........

[mmcginty]

[excuse the hand-made quote, the quote button is throwing an error...]

------------------------------------------------------------------------------------
I think the name that was meant was "mandatory", and not illegal. However, a data plan is required on ALL smartphones even if they are unlocked, and unbranded, so good luck to those that are using one of those who were not grandfathered in before Sep. 6th.........
------------------------------------------------------------------------------------

This whole 'required' data plan has left me shocked and amazed on numerous different levels. Calling it a 'requirement' is artificial and contrived. Required for the handset to function? Not. Required to use most of the bells and whistles? Hardly! WiFi is not just a dropin replacement in most cases, and not just free either, it's way way faster to boot!

What really floors me is that for the amout of wireless data I do typically consume, my bill would be $26 less under pay-per-use! Calling it 'unfair' is a huge understatement, it's downright scandalous to compel me to pay for something I do not use!

The way the Sept 6 grandfathering works is a crock too, when I bought the BBs it said explicitly in writing that I could opt out of the data plan at any time. But because I happend to have the data plan the day they threw the switch, I forfeit the original agreement and implicitly fall into this 'requirement'? Without prior notification, no less? Unreal!

Icing on the cake, I bought an 8310 for my daughter in August, then returned it and got an 8320 instead (8310 has no WiFi, a detail omitted by the shop page comparison feature.) Date of the order for the 8320: 9/7/2009. It was sold to me without a data plan on that date -- if it was truly required, wouldn't the plan have been activated at time of purchase? I wasn't informed about the 'requirement' and in fact the website still stated the data plan could be dropped. So the cut-off date is artificial too, the policy clearly wasn't fully implemented on that date -- they changed policy first and then changed online documentation? That's not right!

Bottom line is that this change-up is definitively a materially adverse change to the contract. To me it's preposterous that they think they can pencil-in an extra $60/month with no recourse. So I'm going to take the matter up with the CPUC. Contract law, CPUC policy and just plain old fairness are all on my side. If they refuse to override this bogus requirement, they'll have to expire my contracts. Then they will lose whatever they invested into subsidizing 2 handset, and another 2 years of my business, that they'd have been entitled to if not for this sleazy ploy.

I hope others will likewise refuse to take this lying down, stand up and say no way! Otherwise who knows what they'll try next?


-MM

[Irish Rose ACE - Guru]

---

mmcginty wrote:

Bottom line is that this change-up is definitively a materially adverse change to the contract. To me it's preposterous that they think they can pencil-in an extra $60/month with no recourse. So I'm going to take the matter up with the CPUC. Contract law, CPUC policy and just plain old fairness are all on my side. If they refuse to override this bogus requirement, they'll have to expire my contracts. Then they will lose whatever they invested into subsidizing 2 handset, and another 2 years of my business, that they'd have been entitled to if not for this sleazy ploy.

I hope others will likewise refuse to take this lying down, stand up and say no way! Otherwise who knows what they'll try next?

---

AT&T did not break, or change the Terms of your contract, therefore you do not have a chance to get out of your contract without paying the ETF. The second BB that you got was added to your account on the 7th, correct? This is one day "after" the mandatory data plan.  If you didn't want the $30 data plan, you had the option to return the BB and go back to a phone that didn't require one, within your 30 day trial period................ Btw, this is NOT a "ploy" as you are referring to it here.  If you don't like the mandatory data rule, don't use a smartphone, make sense?  

Message Edited by Irish Rose on 10-20-2009 07:38:14 PM

[mmcginty]

---

Irish Rose wrote:

---

mmcginty wrote:

Bottom line is that this change-up is definitively a materially adverse change to the contract. To me it's preposterous that they think they can pencil-in an extra $60/month with no recourse. So I'm going to take the matter up with the CPUC. Contract law, CPUC policy and just plain old fairness are all on my side. If they refuse to override this bogus requirement, they'll have to expire my contracts. Then they will lose whatever they invested into subsidizing 2 handset, and another 2 years of my business, that they'd have been entitled to if not for this sleazy ploy.

I hope others will likewise refuse to take this lying down, stand up and say no way! Otherwise who knows what they'll try next?

---

AT&T did not break, or change the Terms of your contract, therefore you do not have a chance to get out of your contract without paying the ETF. The second BB that you got was added to your account on the 7th, correct? This is one day "after" the mandatory data plan.  If you didn't want the $30 data plan, you had the option to return the BB and go back to a phone that didn't require one, within your 30 day trial period................ Btw, this is NOT a "ploy" as you are referring to it here.  If you don't like the mandatory data rule, don't use a smartphone, make sense?  

Message Edited by Irish Rose on 10-20-2009 07:38:14 PM

---

When I upgraded to the BB and renewed my contract, it was under the explicit understanding that the data plan was NOT required.  The same is true for the second BB, plus I was not informed about the requirement until after 30 days had elapsed.  Both handsets were sold to me and connected to my account without data plans.  It stated in so many words that the data plan was optional.

Now I'm not going to argue semantics about whether or not this constitutes a "change to the contract" but it is most definitely a change in policy, and there is no way to refute that it is materially adverse.

If the mandatory data plan rule had been in place when I upgraded I would've chosen a different handset.  But I was not so informed at that time, in fact, documentation exactly to the contrary was presented during the purchase decision process.  They tell me data is optional when I choose the handset, then they decide it's mandatory a short time later, and my bill goes up $30 x 2 as a result?  Call it what you will, but it directly affects my obligation -- how can that not [effectively] be a change to the contract?

As for your objection to my use of the term 'ploy', did you check the dictionary?  Does the handset require a data plan in order function nicely?  No, it does not.  If my consumption is such that pay-per-use would be to my financial advantage, is it equitable to force me to pay for a data plan?  I don't see how.  So let's see, not technically necessary and inequitable to their advantage (even compared to paying worst-case rates for the data I use), but none-the-less mandatory, by newly defined rule -- in a word, contrived.  This whole thing could be a poster child for the word 'ploy'!

-MM

[Irish Rose ACE - Guru]

---

mmcginty wrote:

When I upgraded to the BB and renewed my contract, it was under the explicit understanding that the data plan was NOT required.  The same is true for the second BB, plus I was not informed about the requirement until after 30 days had elapsed.  Both handsets were sold to me and connected to my account without data plans.  It stated in so many words that the data plan was optional.

Now I'm not going to argue semantics about whether or not this constitutes a "change to the contract" but it is most definitely a change in policy, and there is no way to refute that it is materially adverse.

If the mandatory data plan rule had been in place when I upgraded I would've chosen a different handset.  But I was not so informed at that time, in fact, documentation exactly to the contrary was presented during the purchase decision process.  They tell me data is optional when I choose the handset, then they decide it's mandatory a short time later, and my bill goes up $30 x 2 as a result?  Call it what you will, but it directly affects my obligation -- how can that not [effectively] be a change to the contract?

As for your objection to my use of the term 'ploy', did you check the dictionary?  Does the handset require a data plan in order function nicely?  No, it does not.  If my consumption is such that pay-per-use would be to my financial advantage, is it equitable to force me to pay for a data plan?  I don't see how.  So let's see, not technically necessary and inequitable to their advantage (even compared to paying worst-case rates for the data I use), but none-the-less mandatory, by newly defined rule -- in a word, contrived.  This whole thing could be a poster child for the word 'ploy'!

---

The fact that you were not informed of the data plan is bad on the reps part who handled your upgrade. However, since this is not a change in your contract, but rather a "policy" change, which will not get you out of an ETF, should you decide to break it...... As for looking up the term "ploy" in the dictionary, I don't have to, as I am well aware of what it is...... I won't even waste my time telling you again that this is not a ploy, because in the end it doesn't really matter what you call it. If you don't want a data plan for the remainder of you 2 year contract, go back to a non-smartphone, and have it removed.................

[mmcginty]

---

Irish Rose wrote:

---

mmcginty wrote:

When I upgraded to the BB and renewed my contract, it was under the explicit understanding that the data plan was NOT required.  The same is true for the second BB, plus I was not informed about the requirement until after 30 days had elapsed.  Both handsets were sold to me and connected to my account without data plans.  It stated in so many words that the data plan was optional.

Now I'm not going to argue semantics about whether or not this constitutes a "change to the contract" but it is most definitely a change in policy, and there is no way to refute that it is materially adverse.

If the mandatory data plan rule had been in place when I upgraded I would've chosen a different handset.  But I was not so informed at that time, in fact, documentation exactly to the contrary was presented during the purchase decision process.  They tell me data is optional when I choose the handset, then they decide it's mandatory a short time later, and my bill goes up $30 x 2 as a result?  Call it what you will, but it directly affects my obligation -- how can that not [effectively] be a change to the contract?

As for your objection to my use of the term 'ploy', did you check the dictionary?  Does the handset require a data plan in order function nicely?  No, it does not.  If my consumption is such that pay-per-use would be to my financial advantage, is it equitable to force me to pay for a data plan?  I don't see how.  So let's see, not technically necessary and inequitable to their advantage (even compared to paying worst-case rates for the data I use), but none-the-less mandatory, by newly defined rule -- in a word, contrived.  This whole thing could be a poster child for the word 'ploy'!

---

The fact that you were not informed of the data plan is bad on the reps part who handled your upgrade. However, since this is not a change in your contract, but rather a "policy" change, which will not get you out of an ETF, should you decide to break it...... As for looking up the term "ploy" in the dictionary, I don't have to, as I am well aware of what it is...... I won't even waste my time telling you again that this is not a ploy, because in the end it doesn't really matter what you call it. If you don't want a data plan for the remainder of you 2 year contract, go back to a non-smartphone, and have it removed.................

---

"Bad on the sales rep?"   Something like this? 

Oops this handset is going to cost you an extra $30 per month more than we led you to believe -- you didn't take our word on something like that, did you?  You did?  Wow dude, silly you.  Hey we gave you a chance to get grandfathered in before 09/06, of course we didn't bother to notify anybody, but it doesn't matter, grandpa is just a sham to make it look like we're being forthcoming.  Now just pay whatever it says on your bill like a good little tool, and then run along.  Oooh you don't want to? 

Then put your new phone that you just bought on the shelf, forget about the buck-fifty you spent on it, and buy some other phone at our 'no comittmemt' (aka, gouge) prices.

Fraud? Of course it's not fraud, gah!  Wait, what does fraud mean again?  (a: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right b : an act of deceiving or misrepresenting).  Oh, hmm. *that* fraud... direct any further questions to legal.

-----

Perfect.. I think I'll start a new thread that's more to the point, there have got to be others who find this whole thing as offensive as do I.  Feel free to non-participate if you want to.

-MM

[Irish Rose ACE - Guru]

---

mmcginty wrote:

Fraud? Of course it's not fraud, gah!  Wait, what does fraud mean again?  (a: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right b : an act of deceiving or misrepresenting).  Oh, hmm. *that* fraud... direct any further questions to legal.

-----

Perfect.. I think I'll start a new thread that's more to the point, there have got to be others who find this whole thing as offensive as do I.  Feel free to participate if you want to.

-MM

---

Fraud? Good luck proving that one!  Oh, there are many, many threads on this same subject, in which other on here have agreed with you.  This is one. Here is another one. Oh, and I just happen to have this one for you to read as well. 

Now, as to whether or not I will participate in any threads you create, depends on whether I feel the need to correct any "FALSE" ( intentionally untrue,   adjusted or made so as to deceive, based on mistaken ideas that inconsistent with the facts) information.......... Thanks for the offer though!   

[mmcginty]

---

Irish Rose wrote:

---

mmcginty wrote:

Fraud? Of course it's not fraud, gah!  Wait, what does fraud mean again?  (a: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right b : an act of deceiving or misrepresenting).  Oh, hmm. *that* fraud... direct any further questions to legal.

-----

Perfect.. I think I'll start a new thread that's more to the point, there have got to be others who find this whole thing as offensive as do I.  Feel free to participate if you want to.

-MM

---

Fraud? Good luck proving that one!  Oh, there are many, many threads on this same subject, in which other on here have agreed with you.  This is one. Here is another one. Oh, and I just happen to have this one for you to read as well. 

Now, as to whether or not I will participate in any threads you create, depends on whether I feel the need to correct any "FALSE" ( intentionally untrue,   adjusted or made so as to deceive, based on mistaken ideas that inconsistent with the facts) information.......... Thanks for the offer though!   

---

One thing I can't quite figure out here, are you defending the ethics/equity/fairness of this change, or are you merely opting out of discussing anything subjective like that?  Did you already subscribe to the data plan by choice when the change happened?  (I'm thinking those [effectively] unaffected by the change would be unlikely to find it offensive.)

My position is subjective and concept-oriented, particularly focussed on 'equity' and 'fairness':

A company that is committed to treating it's customers fairly, equitably and honestly, and that values its well-deserved reputation for being above reproach in that area, would've implemented such a change like this:

• Customers who were sold a BB before the new policy would be allowed to add or drop the data plan whenever they wished, for as long as they have their current handsets -- iow, the old policy would be truly grandfathered, and those who signed contracts based upon it would continue to be served as they were led to expect.
• The cut-off point for grandfathered accounts would be a point AFTER which ALL sales/promotional/marketing/support material/documentation had been updated to reflect the new policy -- iow, it would take responsibility for it's policy as published, because that's the only policy a user is able to review.

The original AT&T Wireless would've done it that way, when they told a subscriber how things would be, they stood behind their word.  As a matter if general practice and procedure they conducted business with fairness and equity.  Even through and for some time after it was acquired by Cingular/SBC, former-AT&T subscribers were still treated in a way consistent with their original contract/service. 

At the time I had an unlimited talk time account, a service offered through a short window of availibility, well before the acquisition.  Cingular continued to honor it until I finally let them talk me into changing to the new network.

To conclude, in an opinion that is not only mine, but is also widely held, it is unfair to tell a customer one thing and then do another.  That is exactly the case here, and it is not fair.  That the letter of their contract apparently permits it, does not make it right.

-MM

[Irish Rose ACE - Guru]

---

mmcginty wrote:

One thing I can't quite figure out here, are you defending the ethics/equity/fairness of this change, or are you merely opting out of discussing anything subjective like that?  Did you already subscribe to the data plan by choice when the change happened?  (I'm thinking those [effectively] unaffected by the change would be unlikely to find it offensive.)

To conclude, in an opinion that is not only mine, but is also widely held, it is unfair to tell a customer one thing and then do another.  That is exactly the case here, and it is not fair.  That the letter of their contract apparently permits it, does not make it right.

---

First, I am not defending anything, but rather, letting you know that AT&T did NOT break the T&C that were in the NEW contract that you agreed to when you purchased your Blackberry on 9/7/09............. Using words like "ploy", and "fraud", makes absolutely no sense to me.......... Furthermore, I fail to see how you wouldn't know that the data plan was added to your account within the 30 day period, when you had OLAM available to you, which one look there would have clued you into the fact that AT&T added the $30 data plan to your account.................... Now, I am sorry that you feel wronged by this new change, but you did have 30 days to back out of the deal, and "return" the device that triggered the data plan, and you still have options that are available to you now, that would eliminate the extra cost each month............. The bottom line here, is that you are not getting out of your contract without paying an ETF..................

[mmcginty]

Get this, it's rich: looking everything over I realized/remembered I ordered the second BB [over the phone] on a Saturday, 9/05, but the order is dated 9/07!  So phone orders received over a weekend aren't dated as of when they are entered, they are dated as of the following Monday?  This just keeps getting better...

So customers who purchase a BB now get a data plan added right when they complete the order, correct?  So doesn't the fact that her phone has no data plan necessarily prove that it was ordered prior to the change?

-MM

[Irish Rose ACE - Guru]

---

mmcginty wrote:

Get this, it's rich: looking everything over I realized/remembered I ordered the second BB [over the phone] on a Saturday, 9/05, but the order is dated 9/07!  So phone orders received over a weekend aren't dated as of when they are entered, they are dated as of the following Monday?  This just keeps getting better...

So customers who purchase a BB now get a data plan added right when they complete the order, correct?  So doesn't the fact that her phone has no data plan necessarily prove that it was ordered prior to the change?

-MM

---

The fact that Saturday is not considered to be a business day is more than likely the reason you are seeing an order date of 9/7, as that would be the "next" business day, and the day when your order got processed.