If you are buying a new plan for a smartphone (PDA, blackberry type phones, or Iphone) a data plan is required. However, if you have an existing contract you won't have to pay for data. but, if you are upgrading your phone to a smartphone with web browser you most likely will have to pay for a data plan. however, many times calling their customer service and complaining may allow you to bypass this (it would help if you were a long-time customer)