Read what this guy is saying, I actually work for AT&T (but with verizon) and the data plans are the same for them when it comes to smart phones. In fact they know what phone you use regardless if you swap sim card to another device if it is a smart phone made in the last couple years. And in your contact states the data requirement for the phone.
And if you got a contact before the change in november for either AT&T or Verizon, the contact states the provider can change the contact if it benefits the company and customer. (More people not on the data network is a benefit for everyone else, no lag from overload)
*OH, and it's impossible to get a smart phone as a pre paid phone.
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