ormom51 wrote:I don't think that is entirely accurate. If AT&T learns that a customer is using a smartphone on their network, they will add the data plan. See below for what the website says:
"If it is determined that you are using an iPhone or other designated smartphone without an eligible data plan, AT&T reserves the right to add an eligible data plan to your account and bill you the appropriate monthly fee."
ANY smartphone used on AT&T network may have the charge added-it does not have to be a phone sold by AT&T. It is possible that AT&T may not find out that a smartphone is being used, but if they do, they can add data. There have been posts on the forum about people having data plans added to their accounts because AT&T checked and learned that the IMEI of the device being used was that of a smartphone.
This is an ongoing issue for many people and there are many opinions on if non-AT&T smartphones will be charged. Personally, I would be afraid to take the chance. Plus, even though I really dislike the data plan requirement, I don't want to go against the rules. It seems dishonest to me and I could not do it.
Different way of looking at things I suppose - the way I view things - at&t's terms and conditions are written in a manner to indicate their intent. The terms specifically state if you are using a "designated" smartphone the data plan may be added to your line of service. At&t "designates" such smartphones in their website documentation (by model) and if they have the ability to identify/add the data plan to non-at&t devices there is no reason they can't also "designate" these models in their website documentation.
There is a difference (imo) between "going against the rules" when something is explicitly disallowed by the terms vs. allowing fear based on an overly broad interpretation to needlessly take the upper hand. At&t has no incentive to publicly address the issue out here - they make more money if customers believe their terms and conditions extend further than what they actually state. 
Plus the fact that at&t has no financial interest to protect when a customer is using a non-subsidized, non-branded device and doesn't wish to use a data plan (blocks data) - at&t's expense to support that customer is no more than it is to provide service to a feature phone user who doesn't use data.
Personally - I would not let the fear of what "may" happen prevent my purchasing and using a non-branded device of my choosing. Worst case scenario if at&t were to add the smartphone data plan, the customer can discontinue using the phone or they can leave at&t (or switch to at&t's prepaid service where smartphones are allowed). The customer is under absolutely no continuing obligation to at&t (at least as it pertains to that device) - so again, imho it is not in at&t's best interest to require the smartphone data plan on devices where they have not provided a subsidy. But you are correct - it is an ongoing issue, and it's one that I don't feel will be resolved unless/until at&t (fairly) moves to a usage based data pricing model that is irrespective of the device being used.
ormom51 wrote:I see your point. But I would still not want to buy a smartphone, get used to having one, then have to change back to my old one because a data plan was being added. I am sure I would get caught. Lol.
You have a good point-AT&T should list ALL smartphones. It would be helpful to anyone planning to buy an unlocked phone. Saying "designated" can be taken two ways. I know what they mean, but your interpretation can be argued, too. A list of all network compatible smartphones would be much less confusing and then we would all know whether to expect that added data plan.
lol. And I'd have a couple of recommendations if a smartphone data plan were added to a device that has not been designated by at&t as being a smartphone. Pay the ETF (if necessary - but it won't be necessary as a *result* of purchasing/using the non-branded, non-subsidized device ) and use the device of your choice with at&t's prepaid service (no data plan requirement and smartphones are allowed); leave at&t for T-Mo if they provide adequate coverage in your area - as far as I am aware T-Mo only requires the data plan on their own branded devices.
As you pointed out - phonearena considers the 5230 to be a smartphone, yet T-Mo does not. You also recommended contacting at&t to ask them about it - if you call at&t six times, you are likely to get six different answers. 
And bottom line - it doesn't matter whether at&t representatives give you incorrect information or not - you are still bound by at&t's stated terms and conditions. That's part of the problem - there is no universal definition of what comprises a "smartphone". For example, several of the Nokia's at&t has recently carried that use the S60 operating system are not classified as smartphones by at&t (6650, N-75).
And if pushed to the extreme on the issue - I'm no attorney, but at least imho it is going to be difficult for at&t's smartphone data plan requirement to hold much water as it concerns non-subsidized devices. With a non-subsidized device, at&t has no financial interest to protect where the user wants to block data.
