win a sweepstakes
get one as a gift
find one in the trash
etcetera....
however, a phone without a monthly plan is just about useless. you can not make calls or text and can only surf the internet when you are near an unlocked wifi connection
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now you can BUY a phone and use it with no montly plan. i think tracfone and other carriers are starting to carry smartphones. data is charged in minutes off your total.