[Audra.]

I currently have an 8310 without a data plan; I've had it for so long that I know the grandfather clause is protecting me. I've tried to read up on the mess surrounding 9/6/09, but I need some clarification.

If I buy an 8900 off of eBay, for example, that's AT&T branded, will I be caught and receive the text message about a $30/mo data plan, despite the fact that I didn't purchase it from a dealer or AT&T store?

Would the same thing happen if I bought an unlocked T-Mobile 8900 and inserted my current SIM card?

[rdiddy_25]

No, u will still be grandfathered in b/c u didn't upgrade thru AT&T or retailer. You'll be fine without the data plan

Posted from my CrackBerry at wapforums.crackberry.com

[Audra.]

I had a talk with an employee at Best Buy who assured me that even if I bought the phone off of eBay, the tower would detect that I'm using an 8900 rather than my 8310. He said that I would then receive the text.

[dsT]

they are lying to you.

I did the same thing and it has been at least 2 months since I did the switch and I don't have a data plan.

[w.norris]

I am an AT&T Cust Service Rep, the 9/6/09 Clause was revised on 11/1/09, This new Policy requires that ANY activation of a Smartphone, this includes switching to any smart phone regardless of grandfathered or not, new or used, You have to activate the data pkg, At&t is starting to do sweeps to catch anyone not grandfatered with the device that they had prior to 11/1/2009 any device added after 11/1 will be have the data plan automatically added

[Audra.]

This is very saddening. :\ I had hoped to stay in the BlackBerry family, but it looks like that isn't going to be a possibility. Thank you so much for your input; it's saved me the time & money.

[pdl2mtl90]

I still think this is the must ridiculous business idea I have heard of in a LONG time. People should not be forced to pay for something they do not want/need just because of their phone choice. Especially buying a third party phone! I can KIND OF understand if they buy new from carrier.

[Mister Xiado]

If you are so set upon using a BlackBerry, then not using BIS services which the whole line of devices depends upon to do pretty much anything, then buy one from RIM.

AT&T will not be able to identify (automatically) what model of phone you're using, but don't ever call for help with it, unless you plan on switching to a basic phone in the same call.

[Audra.]

Ah, I just noticed that people had been responding to this, sorry.

I've noticed that they are unable to detect the model of my phone just from my everyday usage, so I am considering buying a third-party 8900 somewhere.

[Totalimmortal363]

I am an AT&T Cust Service Rep, the 9/6/09 Clause was revised on 11/1/09, This new Policy requires that ANY activation of a Smartphone, this includes switching to any smart phone regardless of grandfathered or not, new or used, You have to activate the data pkg, At&t is starting to do sweeps to catch anyone not grandfatered with the device that they had prior to 11/1/2009 any device added after 11/1 will be have the data plan automatically added

This is correct. I work for AT&T as well. AT&T knows what phone you use, they know the second I switch to my iPhone, and vice versa to my Blackberry again.