more than likely the returned device has the 4.3 update already as well right?
if htc has said this is the "new way", there is not much we can do to fix that. if you sent in a trouble ticket about this, and if others report on it, htc may change it. i doubt, though, that many people use or care enough about this to complain.
I dont use the feature but i will attempt this on the one max and will report back.