Actually ask for their customer retention department. They will do about most anything not to lose you as a customer. I have a feeling that they are losing customers over this left and right.
I just got off the phone with tmo. My new HTC Slide is in the mail and will be here Monday or Tuesday. I called customer retention, told them they had three options:
1. Refund my money
2. Give me upgrade to a phone that has 2.x and will be updating to 2.2
3. Lose me as a customer, and I WILL NOT BE PAYING THE ETF
Well the customer service agent said she would speak with her supervisor and call me back. She did call back, but irony of ironies, my BH2 didn't register the call and she had to leave a message. The "deal" that was offered was for me to find a android phone that I like and tmo would send it out at no cost to me. I didn't have to renew my contract or pay any money out of pocket.
My advice is to call customer retention, and be forceful and firm in your demands, but remember to be very very courteous and don't take no for an answer. The CSA at tmo said my call was not the first she had taken in regards to the BH2 and that they were doing whatever it takes to keep customers. So I guess they are losing customers over this debacle and are starting to do damage control.