[General Questions and Answers] jagpoag:
I was a QA Supervisor in a call center with Cingular and then AT&T for years.

First thing, anytime you change phones you need to call AT&T and change the IMEI number on that line number. If you do not do this, you can have problems with your service and it CAN cause problems with billing some of the time. Not saying that has ANYTHING to do with your current issue, I'm just sharing that information with you. People think they can just jump the SIM card from one phone to the next without an issue but it CAN cause a problem. AGAIN, not saying that has ANYTHING to do with your problem and this is just a SIDE NOTE.

As far as you trying to get out of your contract without an ETF, it is not going to happen. AT&T reserves the right to change your service at anytime. This is the policy with 98% of companies these days. NOW, depending on where you are in your contract, you could be subject to a lower ETF here. I know that AT&T raised the ETF a few months ago but as it has always been, the farther along you are in your contract, the lower the fee will be. I would call them and ask how much the ETF would be right now. Also get the ETF for each month for the next say, 6 months. (just looked back at your post again and noticed that you have had service for over a year now). Since you are over one year into your contract, you MIGHT be able to get something out of this if you do not want to cancel and just pay the lower fee. Get a supervisor on the phone and BE NICE. Do NOT try to quote any laws, policies or TOS to the person you speak to. You do not work for AT&T, THEY DO. Just let them know that you are not happy with the new data plan and have been looking into changing to a different company so that you can use the unlimited data. I myself have the unlimited data plan and it is still on $15 a month. I've had it for over 3 years and have upgraded within that time. All of the phones on my account have the unlimited data @ $15 a month and all have been upgraded while using the plan. I have a feeling that they got you because of the tethering OR you have somehow allowed this change to happen while on the phone with one of the CSRs. I've seen where plans have been changed on accounts and the customer was on the phone when it happened and agreed to it. I've also seen these same customers call back later and claim they never agreed to anything. It is VERY easy to get lost in the conversation with some of these CSRs and have things changed on your account, not saying it is right for them to do , just saying it happens.

Talk to a supervisor and go from there with it. Make sure you let him know you have had the UDP for the life of the account and without it, you will be looking at a different company. He will check your account and see when, why and how the plan was changed and he MIGHT allow you to have it back. AT&T is not in the business of losing customers, use that to get what you want. Just remember, BE NICE and do not try to act like you know more than the person you are talking to (i don't care if you're talking to one of the idiots on the call floor)

You cancel your service, you are going to pay an ETF. There is no way around that. Like I said, you are far along in your contract so it will not cost you as much. I believe there is at least one company out there right now that will pay your ETF with AT&T if you switch service and use them. I can't remember which company it is but you can google search or call the different companies and ask just ask well as I can.