Refurbished and Open Box being sold as new might become an epidemic with current economic conditions and stores having trouble.
I purchased a couple sale APC UPS backup products from Staples. One was open box, but the sales person denied it was open and said that is just the way they package it. When I opened the package it was clearly used and resealed. This one is clearly an open box and might be a refurb also.
Another package was factory sealed, but the contents were scratched up and the battery had a label stating it was a Genuine RBC "Replacement Battery Cartridge".
The manufacturers' salesperson stated that RBC's are not included in new products, but are available for people to buy when their original battery goes out. Seems like a refurbished product.
I contacted the manufacturer and they said they do sell refurbished units, but they label them refurbished. Everytime? Hmm...
My suggestion, check out every new purchase of electronics and technology for signs they are refurbished or open box.
What can you do? Call the store and demand a new replacement. Contact your attorney general for your state and report the store that sold you the product. If your state is like California, it is a violation of law to advertise refurbished products as new or sell open box products as new.
Please post your Refurbished and Open Box stories in the comments.