How is forcing a data plan legal?

martypng · #1 (**permalink**) 08-14-2010, 09:28 AM

I am interested in understanding how it is legal for providers to force a data plan. If they are subsidizing a phone under contract I understand they need to recoup the cost, but what if I bring my own phone and don't want a data plan? How is that in any way legal? That would be like if we were forced to pay the tolls for all toll roads even if we never drive on them.

**drewcam888** · #2 (**permalink**) 08-14-2010, 09:39 AM

Trust us all there is just no way around the issue. You could take them to court but that it will be no help.

sorge · #3 (**permalink**) 08-14-2010, 03:31 PM

Its legal because they don't force you to use their service, is the easiest answer. Then again if you buy it yourself, t mobile doesn't force data plan, so I'd suggest get t mobile. If you want verizon, sprint, or att you have to play by what their rules are.

**gTen** · #4 (**permalink**) 08-14-2010, 05:04 PM

Quote:

Originally Posted by martypng

I am interested in understanding how it is legal for providers to force a data plan. If they are subsidizing a phone under contract I understand they need to recoup the cost, but what if I bring my own phone and don't want a data plan? How is that in any way legal? That would be like if we were forced to pay the tolls for all toll roads even if we never drive on them.

Sprint does not have let you buy a phone else where...they can say only phones bought directly through them counts....the point of it is they can't identify one or the other so they assume they are subsidizing all devices...

ME personally I think all phones should be allowed on all networks and we should only pay for service...those that want to subside can do the contract thing >.>

**BooDaddy** · #5 (**permalink**) 08-16-2010, 12:01 AM

Well, its pretty simple. They are not forcing you to user their service. If you don't want the features they are advertising, then you can go with another provider. Its kind of like how cable companies offer packages of channels, even though you may not watch QVC, you still have to pay for it

gten, while I kind of agree with you on on all phones should be allowable on all networks, that would be a nightmare in the US. Theres just too many differences in networks to make it feasible. Now if the industries would come up with a standardized system that would be great, but thats just not going to happen in the US. Alot of companies would loose some of their competitive advantage.

lafester · #6 (**permalink**) 08-16-2010, 12:49 AM

I just looked and sprint offers several plans without data.

martypng · #7 (**permalink**) 08-16-2010, 09:28 PM

Quote:

Originally Posted by drewcam888

Trust us all there is just no way around the issue. You could take them to court but that it will be no help.

Ha. No thanks. I have no plans to do anything about it. Just wondering how they can do it. Where can you draw the line? What if carriers started forcing all smartphone users to pay an additional $30/month for 3-way calling, regardless of whether you wanted it or not? I don't see any difference between this hypothetical and the actual data plan rules.

**gTen** · #8 (**permalink**) 08-16-2010, 11:41 PM

Quote:

Originally Posted by BooDaddy

gten, while I kind of agree with you on on all phones should be allowable on all networks, that would be a nightmare in the US. Theres just too many differences in networks to make it feasible. Now if the industries would come up with a standardized system that would be great, but thats just not going to happen in the US. Alot of companies would loose some of their competitive advantage.

Actually that may happen with the introduction of LTE..all the carriers are going LTE including sprint who is going TD-LTE alongside their wimax network...but I'm sure the carriers will find a way to piss us all off lol

Quote:

Originally Posted by martypng

Ha. No thanks. I have no plans to do anything about it. Just wondering how they can do it. Where can you draw the line? What if carriers started forcing all smartphone users to pay an additional $30/month for 3-way calling, regardless of whether you wanted it or not? I don't see any difference between this hypothetical and the actual data plan rules.

Well they could do whatever they want other then force you to change your plan in the middle...if everyone started doing it on purpose though..they may get interventions for price fixing...

**Wesley762** · #9 (**permalink**) 08-18-2010, 08:36 PM

I think they just got tired of people getting smart phones and running up $3000.00 bills for data and the customers telling them to F off.

**Mylt1** · #10 (**permalink**) 08-20-2010, 05:19 PM

Quote:

Originally Posted by lafester

I just looked and sprint offers several plans without data.

not when you buy a smartphone.

OP the reasoning for the "data plan on all smartphones" is to prevent you from using $500 worth of data and them having to cut off your service because you cant/wont pay the bill. its cheaper in the long run to just pay the $29.99 data plan. if you dont want data, dont buy a smartphone. your only other option is companies like boost or virgin mobile. i believe they have the "everything" plans for like $50.