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Wanted : Desperately Seeking help with unlocked phone keeping Cingular/ATT plan

I currently have an old ATT Palm Treo with a grandfathered Cingular plan with out a data plan. I would like to upgrade phone without changing current plan.
Can I purchase an unlocked smart phone that will work with current SIM? Knowledgeable ATT rep told me it will automatically read that it is a smartphone and require data plan. Thanks in advance for the help!
 
Hello and welcome to Android Forums! :)

Unfortunately, I don't think that will be possible. Even if the sim from your Treo would work in an Android phone, AT&T (as well and all other U.S. carriers) will not permit a smartphone on their network without a data plan.
 
Thanks lunatic for the quick denial :-) I am not discounting your expertise but looking at other forums similar to my question, I see several options?
 
Welcome to Android Forums thanks for taking the time to drop in and say hi.

Also didn't the SIM card form factor change in the last year or two or was that an Apple thing?
 
Welcome to Android Forums thanks for taking the time to drop in and say hi.

Also didn't the SIM card form factor change in the last year or two or was that an Apple thing?

Apple uses a microsim, but will work in a regular sim slot with an adapter.

I am not discounting your expertise but looking at other forums similar to my question, I see several options?

I'm not saying that you couldn't get away with it for a little while, but it will be a violation of the Terms of Service agreement with AT&T and as such isn't really something we support or condone. It's like anything else in those moral gray areas. Proceed at your own risk.
 
I forgot to mention this was a hypothetical question. I also understand the legality of the service agreement. With that said, can we continue discussion from a hypothetical only standpoint?
 
Hypothetical or not it still advocates contravening the carrier's T&C, and that is something that both the site owner and the admin have indicated is not permitted.
 
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