I just found out that T-Mobile is NOW adding the $1.99/MB data plan to phones without data plan. So in case you don't have a data plan, you might want to check your bill or statements because they add it without your consent...
I don't think so, you'll probably be charged with the early termination fee. From what I've read, if you call CS they'll credit you back the unauthorized data charges. But apparently they won't do it for everyone because they've been notified multiple ways through SMS, email, or the billing about the new data changes.