I figured I could get by with out data.
The problem is if your on contract and stick you sim in then, if they recognize it is a smartphone, they tag your account for the 25$ a month data plan..
I've heard if at&t doesn't sell the phone they can't do it.
Seeing as they don't sell the defy or any variation of it, I don't think they should be able to recongize the Imei for it..
However, I prefer to do some more research before getting stuck with a data plan and without the otherwise expensive price of the phone..