Circuit City Still Selleing used Electronics as new

I purchased a Spint digital StarTAC wireless telphone from Circuit City store# 743 12/26/01 as a new purchase. The sales person negated to inform me until after the sale that the telephone had to be picked up in Montgomeryville Pa, (store# 4101). It was not until I had returned home when I discovered the product was used. It was because of the price of the telephone that I decided to continue with its activation.

During the activation process with Sprint it was made clear to me that the product was previously owned, but I continued through the process and completed a one year contract with Sprint PCS.

Yesterday I had several problems dialing out and recieving calls, so I called Circuit City. A manager there infored me that the telephone was a close out model that they had alot of problems with in the past. There were no more phones in the Circuit City system of that make to replace the one I had purchased and they had no way of knowing the other store would give me a used telephone. The operations manager (Ken Nixon) says there is nothing he can do because of the price of the telephone. I would have to purchase another telephone he says.

The reason I chose the plan that I have was based on the price of the telephone and all of the other telephone are nearly one hundred dollars more in cost. My time and inconvenience should have a dollar value too!

Please help!?!

Gregory
Phili, Pa