[BigDinCA]

My luck has usually been good at the store. You need to make sure that you go to a service center, which is really just a BIG store. But these are company stores - NOT authorized retailers or kiosks at the mall. If you have TEP and the phone is less than 12 months old (the original factory warranty) the store will replace it for you with whatever they have in stock (new or refurbished), assuming it can be chalked up to a defect in the phone. If it's within the 12 month warranty and you DON'T have TEP, they can tell you that you're only recourse is through the manufacturer directly. I was told that policy started a couple of years ago, that the stores only honor the first 30 days of the warranty unless you have TEP. If you're out of the 12 month manufacturers warranty then TEP is your only option. They don't care why it's broke, but at that point, the $50 deductible comes into play. I do know that TEP is not obligated to send you the same exact phone or the newest replacement for your phone (i.e. the Diamond to replace the Touch); they only obligate themselves to replace it with a comparably equipped phone. Trust me when I tell you that your Mogul can easily get replaced with a MOTO Q9. They will not guarantee the model that they will send you, although I have only had one instance where they sent me something other than what I had before. Your chances of getting a brand new unit from TEP is slim to none, although they do a decent job making the refurbs look new. The key at the store has been repeated here several times: DON'T BE AN A-HOLE!