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Unless the phone's unbranded, I believe AT&T can detect that it's a smartphone and then automatically add a data package to your line.
if you have bought the phone already unlocked, AT&T should not be adding data plan unless you requested them. they don't have any right to do so.
only if you are buying the smart phone from At&T or one of its partners with a 2 yr contract, then At&T will automatically add data plan to your plan.
hope this helps.
Are you sure about that?
This was discussed heavily in the AT&T Forum and I thought the conclusion was that while AT&T could and would add the dataplan as long as they could identify the phone as a smartphone.
That doesn't mean they're right to do that.
what if you brought a phone from newegg/buy.com unlocked and don't want a data plan. will AT&T still add data plan to it? i think not.

This thread is like asking for a corvette with a 4 banger in it. Its bad enough that the vette is available in "automatic".
But in all seriousness this phone is too awesome to not have data hooked up.
BTW, how would AT&T know I am running a smart phone anyway?
The IMEI on your phone.
god bless the android, and god bless rooting and bloatware removal!