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Since your outside your "21 Day Window of Satisfaction", you will get a Refurb. They will send you the Device, then you send your old one back. They are usually pretty quick about this, within a few Business Days of your complaint.
If you absolutely feel you should get a New Device, you must really press your disatisfaction AND get a sympathetic CSR. If you don't, keep moving up the ladder until you get to someone who can get you a New Device.
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