If you have active service with AT&T then you've agreed to their terms of service, which means you've agreed that you can't have a smartphone without data, and that AT&T can add data automatically if you don't have it. *As I said, with any other phone they'll slap the plan in palace in a heartbeat. *For some reason with the iphone sometimes they do, sometimes they don't.
Regarding the exclusion SOC - don't waste your time. *Iphones don't get it, because they've always been required to carry data. *Even if you had the exclusion, changing phones will count as a new activation, subject to the new rules, and automatically removes the exclusion. *You can call and argue for getting it readded, but you're likely SOL. *Unless something has changed no one that you'll actually talk to is able to add the exclusion; not a CSR, not a manager, not retentions. *All they can do is submit a case requesting it be readded, and in most situations the response from the team that handles those cases will basically be "to bad so sad".