I would like to understand the legal justification for AT&T to require a customer to take the data plan with an iphone. specificaly, if a customer acquired an iphone from a former ATT customer (i.e., bought on ebay an iphone that was no longer on contract), and simply put in their existing voice-only SIM card, what legal grounds does AT&T have to require the customer to take the data service?
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in this ‘hypothetical’ case the customer has the 3G turned off and is only using the GSM voice network connection. the iphone is being used just as any other simple voice phone would after the SIM card installed. All local applications run (cocntacts, games, etc), but no data service other tha Wi-Fi connection.
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several key legal rulings over the last 100 years have established that the phone company can not tie the service to the device unfairly and this would seem to apply here.  seems analogous to charging differently rates for Samsung versus Motorola phones with same capability.
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I understand the AT&T believes and states “it is required” but i am trying to understand whether anyone has real data and info on the legal grounds for AT&T’s position here.
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thanks
. I’m not elibilbe for upgrade until June 28th, 2010 and I really DON’T want to go that long without an iPhone. Here is what I’m thinking: There are 4 lines on our group ‘family’ account, none are eligible for upgrade, mine is the soonest on June 28th. However, one of the lines is out of contract (but not eligible for upgrade until July – go figure) and could be cancelled today if wanted. This is the Plan –  1. Add another line, making 5 lines total to get another iPhone 3GS at the lower $199 price with a new phone number. 2. After a few days, cancel the line that is out of contract (No early termination fee), so were back to 4 lines. Will still have the phone and the new iPhone. 3. Report my iPhone lost, explain to them that new line we just added doesn’t want the new iPhone and would rather just use an old phone we have so I can have the new iPhone since I lost it. Have them take the data plan off new line and give me new sim card (since I lost it with the iPhone) and keep my existing data plan.  WIll this work? Since the phone line we are cancelling is already out of contract there won’t be a early termination fee. So if my math is right we will only be out the $199 + $26 to activate new line + maybe another $9.99 for adding 5th line for a brief amount of time.  Also, is there a way we could get the cancelled line’s phone number back after a few weeks for the new line. That’s the only hangup I see is having to get a new phone number on that one line (it’s my wife’s, she’s ok with it if I can get another iPhone at the lower price.)  WIll it work? Any other suggestions? 
