Yeah, I can return the phone. That's great. What about the phone I sold to be able to get this one, the one that was supposed to be superior in call reception due to the new antenna design? What about my time looking for another device that's in good condition (like the one I sold) that I don't lose my ass on? I could go on.
Now I'm not going to return the phone, but saying "oh you can just return it" doesn't completely fly.
It's more involved than just taking a shirt or something back to wal-mart. Let's say someone isnt as up to speed on this issue like most of us are. Let's say in 2 months someone starts noticing that there phone seems to lose signal when they hold it this certain way and it's not just crappy AT&T, and bring it to the attention of an apple store employee, and they tell the person not to hold it like that. Well now they are out of the return window, and have to deal with some flaw/defect due to apple.
This isn't a small glitch. Some people it effects very little, some people it makes the phone unusable for. With the amount of money paid, these things should be top notch. If fear of a lawsuit makes apple step up and fix it, and further test their products better in the future then I'm all for it.