The interesting question is "is the refurb you got a return from someone else on the forum here?"
All kidding aside, yeah I would chew them out and go get a new one. It's the main reason I bought mine through Best Buy (30 day return, no hassles, guaranteed new phone). Well that and the fact that all discounts, rebates, etc are instantly applied...there is no pay up front and get a rebate to deal with.
One thing I did find out by calling Sprint today (for my unlock code), was that I was also eligible for a $100 credit for re-signing up for a two year contract (which I had to do to get the TP for the $199 price). So, in effect, the TP only cost me $99.