i sent it in yes, they wouldn't offer me a loaner so i had to use my friend's gross razr.

anyway, it took them FOREVER to get anywhere with my phone. I finally called and complained for the 5th time and they realized that it still hadn't been dealt with yet so they just sent me a replacement right away. Still not sure if it was a brand new one or a refurb, but its been working ever since i got it without any problems that i can tell so...