ALLTEL -- Can someone help me out

Ok, here's the situation. I've been a customer with ALLTEL for going on 5 years (don't ask why, cuz as it is their service, at least where I am, sucks, and their customer service, is god awful). Actually, I don't use the phone, my brother does, and we're just too comfortable, at least until number portability comes along, to make a move.


Anyhow, here's the scoop. He had the Motorola v60 for close to a year now. We haven't been under contract for a good 3-4 months. Last week, he decided he wanted to get the Motorola T720 (another mistake -- I know, I had the VZW version).

Anyhow, he figured he'd sign a two year agreement, to get the T720 at the discounted price. So he renewed (he also currently has an unlimited airtime plan that ALLTEL has discontinued here, so he got to keep that, and figured signing for two years would lock that plan in too).

Nonetheless, we got the phone, let it charge and all that happy stuff. Two days later, we started having problems -- locking up, powering off during charging, all kinds of garbled trash on the screen, and constantly having to take the battery out to get each problem resolved.

He got upset and said screw it, so we went back to ALLTEL today to return the phone and end the 2 year agreement, since they have this wonderful TOTAL guarantee program that allows you to use the service 15 days and if you don't like it.... etc.. (just like Verizons Worry Free Guarantee)..

Well they tell us first off, that the phone needs new software, and the sales rep literally YANKS the phone from my hand. Then he tells us that we can NOT cancel and get out of the contract -- because the guarantee is only good for NEW customers, not for re-newals (their website, nor their 'handout' that explains the GUARANTEE implies "new or existing customer" related topics).

So. I'm wondering is ALLTEL in the wrong here? I called CS and was on hold for 20 minutes to be told that a supervisor would NOT speak to me, and that I was pretty much SOL. That's real good customer service for you.

I'm just wondering if they can do this. Since the fine print makes NO mention of new, old, existing, renewing, or any type of customer, I would imagine I can get out of the contract -- at this point, my brother just wants to go back to month to month with his v60 and wait it out till number portability hits, and I'd think at least ALLTEL would realize that and say "Hey, he's not LEAVING, we're getting the phone back, and he's still staying a customer (god knows why)"

Anyhow, if anyone can offer any insight, ideas, suggestions, or who I can contact. ALLTEL's website used to have a list of contacts, by region (like VZW's website), but I guess they removed it due to too many complaints.

Thanks.