Does a new contract mean you should get new phone? NEW MEANS NEW,RIGHT?

I signed a 2 year contract and got what I was told was a brand new Blackberry Tour. Problem is when I sent in the rebate, they said the rebate was already given for that particular device.
Long story short, the phone had so many problems it was not usable 4 of 7 days a week. Had 5 replacements in 6 months and still had to buy a prepaid phone to make calls.
After having made a federal case out it, they sent a new phone, different model because the Tours were defective per RIM. However, they snuck in a total contract restart and added 9 months to my contract.
Seems to me this is just wrong. Trying to get this sorted out has cost me at least 15 solid working days and still they wont revert the contract to original start date.
I decided I can't waste anymore time fighting with Verizon to correct their problem and have heard the best ways to resolve issues like this is and FCC complaint and filing in small claims court for the fees they want to charge to end contract early (according to their start date, not mine) it would be so nice to get some reimbursement for money lost not only in time spent haggling over the issue but actual business lost because I didn't have a working phone.
I was a private contractor and can show on paper every time I missed out on a job because the phone didn't turn on or couldn't make calls. I was getting $55-85 an hour too. This ought to be an interesting one now that I'm ill and unable to work anymore. I have a lot of time to spend filing complaints.

Verizon sells certified like new devices for those who wish to get a cheaper, but still functional phone. It sounds like you purchased one of the highly discounted certified like new models.

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