So, I should become a ludite or not complain when I am treated unjustly?
If your goal is simply to "complain", then perhaps you should write a letter to the editor of your local newspaper or post your opinion on a consumer blog. However, if you seek guidance on what, if any, legal remedies are available, don't become bitter when the answer isn't what you wanted to hear.
I did read the contract, basically the same for all cell phone carriers. I am sure you have a cell phone as well and must have signed the same contract. Admonishment for not reading the contract is not helpful. The point is that I was sold a defective item and trying to figure out if small claims or arbitration would be successful venue. As atty Lechtzin pointed out, they can counter sue if I file a small claims action. That leaves arbitration, which, as was pointed out, would be controlled by the phone company. The best response seems to be to just file a response with the credit reporting agencys. Thanks
I am sure the phone company has sold defective items many times before, so I had been wondering about class action. That no longer seems feasible.
The blackberry phone that I was sold, I later found out, had many online complaints about the same issue of auto-powering down. I think the phone company knew about the defective phone before they sold it.