Legal Question in Consumer Law in New Jersey

I have a cell phone line with ATT which does not had a data plan.

When I got that line from ATT I got it with a Sony Ericsson phone which is not a smart phone.

Unfortunately 3-4 months back that phone got broken and I pulled the SIM out of that phone and put it in my old iPhong 3g and I was using that phone without any problem.

Today AT&T automatically added the data plan to that phone.

I called the customer care they say since iPhone is a smart phone I need a data plan. But the actual agreement does not have data plan.

They are telling I cannot use my own smart phone in the AT&T network without data plan�

What should I do� Can I file a LAW suit and sue AT&T�


Asked on 6/10/10, 2:21 pm

1 Answer from Attorneys

That sucks. I'd WRITE to AT&T, tell them their program requires the data plan when THEY supply a smart phone, which they subsidize. YOU supplied your own phone, they did not sell it to you at a discount and they therefore they should not be charging you for any data plan, and ask them to credit you and eliminate the data plan. Tell them if they do not, you will file a complaint with the New Jersey Division of Consumer Affairs, and terminate your service as son as possible, and complain to anyone who will listen. They do not like loud mouths who hate them, and complain to the authorities. This is exactly why I have not upgraded my AT&T phone.

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Answered on 6/10/10, 6:19 pm


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