Well what to do you know, I got a phone with a bad ESN. I looked for the most reputable person selling Touch Pro II's on ebay and decided to buy one from this fellow
http://myworld.ebay.com/roosetel . The item pages stated "Clean ESN", ..."ESN Status: Good, ready to activate"... So I'm not to worried about the worse case being me screwed, given that if the seller doesn't correct the issue eBay or Pay-pal would rule in my favor of a refund.
The seller had nearly 4k feedback at 99.4%, I have contacted him couple of hours ago and have not herd back yet. Sprint said the phone was activated yesterday 12-21-2009, which is the day the seller shipped my phone and I got it today 12/22/2009. I think this is just a mix-up more so then a malicious matter, but we will see. If they seller asks for an exchange or refund should I file a complaint first and proceed from there? Also, should I file a complaint through eBay or Pay-Pal?
Here is the
link to the auction I got the phone from.