Cingular Wireless Sold me a used phone represented as a new one, ripoff! Dallas Texas

I purchased my first cell phone in Dec. 4,2004. The phone was supposed to be a new phone with a 1 year warranty. The top of the phone is broke and the Cingular warranty people tell me it is out of warranty.

I purchased it in the Cingular store here in Odessa,Texas. And Mr.Otool told me it was a new phone and to call the warranty place and I have and warranty tells me it's out of warranty.

I have called several people here in Odessa, Dallas Tex. and all their 800 numbers and no one wants to admit they sold me a used phone and by it being out of warranty, I know what they have done.

And now I don't know where to turn to. I am very mad over this but don't know what to do. But they have ripped me off.

Linda
odessa, Texas
U.S.A.