I got 2 iphone 3GS for my family when it was first out from Apple, I was the one who signed contract to get 2 new phone lines and data plan to get the iphones. Not long after, I decided to cancel the 2 lines and paid off all owed cancellation fees. About a year later, AT&T started to bill them for data charges, claiming everyone who uses iphone are supposed to be charged data plan NO MATTER what reason. We've tried to get some friend help us call in and tell them to remove the data plan, but soon a month or two later AT&T starts charging again. Recently my family decided to unlock the iphone to avoid data fee, but still AT&T starts charging data plan as soon as the SIM card plugs in.
Does AT&T has the power to charge data plan like that? Is filing a claim possible? Or what else can we do?
First you need to review every document you signed to see what you've agreed to. If anything you signed included reference to some terms and conditions on some website, you need to review that as well. Look for cancellation, billing for the data plan, and dispute resolution, amnd similar terms.
Or simply hire a lawyer for help to send a demand letter that summarizes the chronology of events, quotes the operative contract language, and states your respective rights and responsibilities and your demand.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Daniel Gary RosenthalGaming Law AttorneyMaryland ·
I'm not sure how you got the data plan removed, but it is my understanding (as an iPhone user, not speaking in any legal capacity) that you cannot have the iPhone without the data plan, due to the integration of many of the data features.
The AT&T consumer contracts have changed several times since the 3GS first came out, so without knowing what your particular contract says, there's no way to know whether AT&T is acting appropriately.
However something doesn't add up. It sounds like you're saying you got a family plan with two lines (which means, 2 phone lines and 2 data plans), used it for a little while, cancelled them, paid the early termination fee, and the lines were shut down. You're saying that a year later, out of the blue, you're now being actively charged for ongoing data usage on a line that was shut down a year ago? This doesn't make sense, as you should not be able to connect to the data network with an inactive line; therefore you would not be accruing data usage that AT&T would be tracking to bill you per GB of data.
Second, unlocking the iPhone will not avoid the data fee - it simply means that you won't be restricted to AT&T as a carrier. Since you cancelled the lines, you shouldn't even be able to unlock the iPhone anyway because your SIM card should not be active. It sounds to me that you are describing the situation incorrectly, or you are attempting to scam free data out of AT&T. Either way, you might want to re-evaluate your story if you're hoping for a useful answer.
Daniel Gary RosenthalGaming Law AttorneyMaryland ·
Just because they got the phones without being locked into the contract does not mean that they get free service. If they want to use the phone, they're going to be charged for the data plan, just as with any other smartphone (blackberry, etc.)
I think your confusion is that you think there is no contract. There actually IS a contract, but you can terminate it without having to pay an early termination fee. If you look in the terms, it will tell you what your remedies are for filing a claim; however given your situation I don't think it would be very likely you will prevail on anything.
And again, unlocking the phone has nothing to do with any of this (and definitely don't tell AT&T or Apple you unlocked it because at the very least you'll void your warranty.).
