Couple of separate issues

[Phen0m]

First one is.. im using a rom in which the message app/tab constantly popsup when swiping across the screen.. Does anyone know of a way to disable this? HIGHLY annoying

Second one: Im coming from a Touch(vogue), my last one crapped out a few weeks and got a replacement via sprint.. in the meantime i decided to go back to my old Mogul
However, this one is showing problems as well.. keyboard keys not registering, the "UP" doesnt work on the Dpad and sometimes i have to rapid press the power button to turn on the lcd..

If i stay w/my Mogul, am i able to get it replaced or fixed immeditately as i did w/my touch or am i stuck w/these issues for the time being? ie a time limit on defect claims?