[tx_dbs_tx]

The odds of receiving another EVO with the same problem are slim but in your case you must have gotten another bad one. I was lucky to never have this issue. My first EVO had a bad issue... it would reboot randomly, for no apparent reason. I went to the Sprint store and they ordered me a brand new phone without hassle.

This is what I would do if I were you. Go to a different corporate Sprint store and show them the problem. When they see what your phone is doing they are going to want to wipe the phone and possibly re-flash it. Let them do it BUT don't leave the store when they give it back to you. Test the phone out for several minutes and if it still does it then tell them to order you a new phone. The hardware 0004 EVO's seem to have all the bugs fixed so tell them you want the latest revision EVO with hardware version 0004. Although there isn't a sure bet on which hardware version you will get, chances are good that you will get a 0004 EVO because that's what is mostly being shipped out lately. You will likely have to wait a couple days to pick up the new phone in the store.

If the Sprint store employees don't accommodate you, then my last recommendation is to call Sprint customer support back and tell them the phone they sent you is defective. They will likely tell you to take it into a corporate store for diagnostics. If you tell the phone rep that you took your phone in to have it checked and they found no problem then they will probably not do anything further, therefore don't say that... Explain to the phone reps that the in-store employees failed to properly diagnose your phone and that you refuse to go back to the store due to their lack of knowledge and they are unwilling to properly trouble shoot your phone. Have the phone rep order you a new EVO and tell them you will ship your current EVO back to Sprint. You might have to be pretty direct and straight to the point with all this... send you a properly working phone or refund the purchase price and give your account its upgrade eligibility back. You should get some positive results either in-store or over the phone with customer support. Go to a different corporate Sprint store. That's what I did and it was 100% hassle-free to get a new EVO ordered due to my issue. Good luck.