Apple genius marked iPhone 5 as "OOW" due to scratch... how to change this

[rijowysock]

i bought my iphone 5 on the release date... and since have had battery issues... and issues with the O key and K key (very difficult to select either without selecting surrounding keys).. touch screen maybe has faults in it..


i discussed this over the phone several times and finally was told to visit a store in december..

i do not abuse my phone, it has never gotten wet.. but it does have a few scratches on the very edge of the "cheaply black coated" border.. the phone is not cracked.. etc.

the genius said he would replace the phone, went in the back and came back stating "it has scratches.. it's out of warranty" which i feel is complete BS.... the black coating comes off with ease and the phone has not been abused in any way shape or form.. and even if it was scratched these scratches would not affect the center of the touch pad or the battery life.


after visiting i get an email from apple showing his report:


"Problem Description/Diagnosis
Issue: Flattened external border and multiple indents, oow
Steps to Reproduce: Device had indentation and markings from drop customer complained of battery life assessed with external damage
Proposed Resolution: Swap for out of warranty cost customer declined
Cosmetic Condition: Multiple indents around external border

Employee 1176247384"


and my phone marked as "out of warranty"..


is their any way to get past this without having to pay for a replacement... the phone has a warranty covering certain items and my phone was "black listed" as out of warranty due to some surface blemishes... i feel that if toyota started voiding warranties for door dings that this would cause an uproar.. but apple can get away with it without anyone knowing any better.



-riley

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the phone is in the same condition it was prior but the "sticky" touch screen is becoming more and more frustrating, and the battery life still very poor despite any efforts..

figured i would ask here before going to the store again, and getting the OOW status thrown in my face.