That's just not the way the system works. Returning the phone won't cause them to make any change whatsoever unless there are more returns than sales. If 40% of users have a problem with something, that's still a huge number... but 60% still make them a profit. All returning the item does is leave you without a phone.
Your right. Lawsuits all around!
That was my point. IF the majority returned them it WOULD make a difference. Will it happen? no. However thats because of laziness not because of the "system"