The real question is will they sell it without a BB data plan? And in the case of ATT, ATT does a monthly IMEI sweep and if they detect an IMEI with the wrong plan, i.e. a BB on a generic data plan and not a BB plan, they supposedly will change it over to the proper plan. Don't think TMO is doing that ....... yet.
From our FAQ:
How to use BlackBerry on Generic Data Plan - BlackBerryFAQ
What do I need a Data Plan for? - BlackBerryFAQ