OK. Now we get into some unfortunate details.
Yes. AT&T will allow a "smartphone exclusion" for people who had a smartphone before their policy went into effect and who then subsequently drop their smartphone plan (whether or not they put the SIM card into a dumphone or a smartphone).
What that means is that OLD plans are grandfathered with AT&T; this smartphone requirement for data only applies to NEW plans (or changes to a newly subsidized smartphone from AT&T).
But for NEW plans, AT&T swears they will add the more expensive dataplan (currently $25/month) if they detect an IMEI of a smartphone (and if you don't have the grandfathered-in smartphone exclusion).
What seems criminal is that they can FORCE you to have a dataplan even if you don't want it - and - as it seems to turn out - if you have a T- Mobile branded unlocked phone, then you can't even use the speeds of AT&T's network.
Yet you have to pay for a plan you don't want, don't use, and can't make full use of.
That's why I'm STILL hoping to find a way to change the IMEI number ... but it's looking mighty slim right now for the chance that anyone knows how to change the IMEI number in the USA (where it's perfectly legal).