First, I want to say that it sucks that you had to go through that frustrating ordeal. It seems that for every 1 or 2 positive stories, inevitably there is one who has to endure an experience like the one you are having. Certainly, Google is working on improving its ability to support these kinds of issues and maybe are realizing that they bit off more than they thought they could chew.
As far as litigation is concerned, I don't know if a Class Action Lawsuit is an option as long as goods are delivered. In this case, you'll have to wait until Monday to see if they lived up to their promise. If they don't and they do not refund your money in full, then at that point, litigation can be pursued. But I don't think they'll let it get to that point. Even so, at this early stage of the Nexus One experiment, I doubt that there are any existing CAL pending against the three parties.
It's a great phone no less. I think that its fortunes will turn around once it gets to VZW. VZW is pretty meticulous about the details. The only reason the DROID went through the 12/6 update was because VZW did their own QC/QA on the phone and was heavily involved in the pre-release QC/QA. I don't think VZW can afford to deal with unhappy N1 owners so it'll be sure to be straightened out before it reaches Big Red.
Again, sorry for your troubles. I hope you get the phone on Monday so you can thoroughly enjoy it!
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