Boost Mobile BooMo; False, misleading advertising. Co cannot deliver. Irvine, California

I received a BooMo Motorola i856 as a gift on or about Nov 18, 2009. I turned it on and started working through the instruction manual. When the GPS and web access would not work, I called their tech support number and went through their diagnostic check-list with their Tech Support. 

Tech support concluded that the i856 was defective and that I should contact Motorola to schedule a RMA and repair. I did so and sent the phone off to Motorola's repair facility in El Paso, TX on Nov 19.

The unit was returned on December 3, 2009. I turned it on and the GPS and web access still did not work. Call BooMo support and again ran through their diagnostic check list and again they said the phone was defective and to call Motorola's repair service. 

Motorola was great. This time they sent a Fedex overnight package in which to return the "defective" i856. On December 7, 2009 FEDEX came to pick up the package. This time Motorola kept the phone until December 18. I received it on December 21, 2009. The GPS and web access still did not work the next morning.

A Motorola CSR called later that morning and after listening to my complaint said that the non-working features were a network/carrier problem, NOT a hardware problem.

I again called BooMo support and invested an hour and a quarter, first with a friendly CSR who tried everything she knew how to do before handing me off to a Tech Support guy who apparently knew less than the initial CSR. I asked for and was handed off to a supervisor who told me that the phone was defective and to take up my problem with Motorola. Is this beginning to sound like a circular runaround? 

On December 23, 2009 I called the number on the packaging for a return and refund. This time I was told that because it was more than 30 days since I had the phone, they would not refund or exchange. I asked for an escalation. 

The escalation person said that because of the Xmas holiday, (yeah, Merry Xmas BooMo, I'd send you a SMS greeting, but your effing phone DOES NOT WORK!!), I should not expect a response until the following week. 

I waited until December 28 and then called them and was told that "corporate" hasn't responded to the escalation request, but they definitely would call back by today, January 7, 2010.

I waited until 4 pm CST (their time) and then called them. Once again was told, that "corporate" hasn't responded yet. Well I said, if I don't hear back by Monday, January 11, 2010, I am going to give them an opportunity to tell their side of the story to a judge over here in rural Hawaii.

Maybe someone at "corporate" will run the numbers and figure out that giving me a phone that works as advertised or ALL my money back is dramatically cheaper that hiring a lawyer at several hundred dollars an hour to lie to the court, and then still have to give me back my money PLUS my attorney fees and court costs. 

Stay tuned.