Well mine was bought and actrivated before the 18th and I can assure you I don't need data to send and receive picture texts, it's all included in my unlmited texting with pictures so they are telling you wrong. 

  Many people I know with this phone have had it before the 18th and have unlimited texting and are able to send and receive text with pictures fine and do not have to pay for the data plan.    Do you maybe have full data block on the phone?  That would prevent you from sending and receiving texts with pictures?  We just have the data block that will still will let you send and receive texts with pictures but you can't get online with the phone.  Customer service set it up for me.   

Don't know if it matters but we have Nationwide family select plan 700 minutes and it says Unlimited Text, Picture, Video & Instant Messaging.  Mary