Grandfathered smartphone exemption with Blackberry & no data plan

Telperion

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Jan 13, 2011
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I need some advice, girlfriend is currently on a grandfathered AT&T plan with a Blackberry Curve and no data plan. AT&T won't obviously allow an Atrix with no data plan and new contract, so I need to know if I can buy a smartphone on eBay and activate it without having to pay a data plan.

The issue at hand is that she doesn't use any data and doesn't want to but also doesn't want a POS phone or a feature phone with less features than her current phone. Her current Blackberry Curve finally broke so we have to get a phone somehow. I've heard conflicting information on this, obviously she has a grandfathered smartphone exemption which allows her to use the Blackberry with no data, but a new contract will remove that grandfathered feature.

Bottom line question, given that currently she is exempt from the mandatory data plans, can I buy a phone off contract and pop the SIM in while still retaining the data plan exemption?
 

Nimocone

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Aug 8, 2010
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Re: Grandfathered smartphone exemption with Blackberry & no data

From my understanding, as soon as the SIM goes in, they know what's on their network. I don't believe there is a way around it.
 

Telperion

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Jan 13, 2011
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That's not quite my question...

From my understanding, she has a smartphone exemption which allows use of the Blackberry already. The question is whether putting a SIM in another phone, causes AT&T to remove the exemption from the account. What if it's the same model?