I asked them already to see if its going to be new and they said yeahAT&T told me by Tuesday they will talk to me about a new phone but Tezz, it might be refurbished. I will not take a refurbished one for a two month old new one that I paid big bucks for. AT&T Service Centers will eventually be able to flash the update to the phone. Kimmy, that should not have worked as you CANNOT start the update without Wi - Fi on and this is a FACT. Also, clock trick does not work.