I have receive my new ipad 2 last wek and found scratched behind.what should the steps to cliam at JB area

I have receive my new ipad 2 last wek and found scratched behind.what should the steps to cliam at JB area

The iPad was sealed in the box when I got it. It had the plastic screen protector wrapped all around it and when I powered it on for the first time it displayed the "connect to iTunes for setup" message displayed. The only other thing I can think of is if the person I bought it from had ordered it through Verizon on and the iPad was set up on a number on his pre-existing verizon account. My question is should I just keep using it and consider myself lucky? Since there is no way for Verizon to charge me for the usage because I never signed a contract. I realize that if it is on the account belonging to the person I bought it from, they will eventually figure this out and shut it off. But I might as well use it in the meantime right?

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