It used to be like this- upgrade to a non-ATT branded smartphone from a private party. Place current ATT SIM card into 'dumbphone'. Login to OLAM and switch data plan to cheapest option. Move SIM card into new unbranded smartphone. Voila!

Unfortunately, now you won't always see the option in the online account manager (OLAM) for the dumbphone data plan, even when you are switching to a non-ATT branded smartphone. It's hit or miss. The reason why 99% of the Nokia smartphones don't trigger a data plan is because ATT doesn't carry them. They do however carry some of the HTC phones.

The more pressing issue is, do you really want to lose your unlimited data plan? There's a good chance that they might switch you to a 2GB plan, even though ATT does not carry the Desire. YMMV.