Question for T mobile mytouch with 3.5mm owners?

My son and daughter in law got a my touch and a samsung behold ll without a data plan. They use it for call, text, etc. They bought theirs full price from t-mobile because I didn't want to have new contracts. T-mobile says they don't sell them w/o the data service. yet they got theirs. I checked to see if data plans were added to the account and they are not. I didn't authorize them so I wasn't going to pay for them. T-mobile then told me that if they got the phones from a friend or some other place they wouldn't get the data plan. My son told me they got them from t-mobile. Ayear and half ago I got the G1 and was required to get the data.
 
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