I'm not sure what they classifiy it as, but I was past the 14 day remorse period. I wouldnt worry about it. They know that 1st batch wasnt right, so they shouldnt give you a hard time. They told me to send the 1st phone back before I recieved the new 1, but I refused, since it would leave me with no phone! The whole time I was prepared to cancell tmo if they tried to play any games!!!!!!!They sent a brand new phone in the original box and piad for me to ship my old G1 back.