[Verizon HTC One (M7)] joshua_:
As part of my pledge not to buy devices that aren't unlockable, I returned my phone today. Even though I was one of the lucky ones who managed to unlock it, on principle, I won't pay for devices that I can't take ownership of the software on. I did get half of my restocking fee waived; here's how I did it.

First off, before you even begin trying to convince someone else that you're right, you have to convince yourself. After all, if you don't think you're right, how do you expect anyone else to take your point of view? Luckily, if you choose to return this device because it isn't what was advertised, you are right. The reason why I expect to be able to return the phone is that it simply isn't the same device that I bought. When I bought the device, on day 1, it was an HTC One -- like every other HTC One, it was factory-unlockable. Any device that anybody calls an HTC One, until then, was an unlockable phone. And, indeed, on day 1, it was -- up until Verizon removed the feature that I purchased on, around 24 hours later.

So, just like it would be if you bought an HTC One, and instead it was made out of cheap polycarbonate (sorry, SGS4 fanboys!) instead of aluminum, you bought something that was different than you were expecting to buy. (When someone sells you something that's not what you got in a way that affects its value or utility, that means that it's "materially different"; that is to say, it's different in a way that caused you to do something different than you otherwise would have.) In that case, you're right to return the device, and obviously you shouldn't pay fees to someone who sold you something materially different than what you thought you were buying.

Now that you're convinced that you shouldn't pay a restocking fee, how do you do it?

I walked into a Verizon Wireless store (in my case, the one on San Tomas Expy., in Santa Clara, CA), and clearly told the man at the door -- the manager -- what my problem is, and what I'd like. I told him that I'd like to return the device, and why I felt that I should be refunded, without going into much detail. He agreed, and said that I'd have to call customer service to have the fee waived and applied as a credit, but that he'd be happy to help in any way he could. He suggested that I call *611 first to make sure that I'd get it waived, and then he'd process it; so, I did.

It got somewhat more hairy there. The person who initially answered my call to *611 said that she wouldn't be able to do anything, and under no circumstances would she be able to refund my restocking fee. I expected this, and you should too: the first-level drones can't do anything for you (but you should be polite to them anyway). She offered to transfer me to a "customer satisfaction representative", which I happily accepted.

We went back and forth a few times. One of the things that they will tell you is that once you return the phone, they can't sell it as new anymore; you can respond by saying that you understand that it doesn't have as much value to them, but that it simply doesn't work for your purposes, and that they have an obligation to refund you for something that's materially different from what they advertised. They may have to speak to the store manager; that's okay, let them. Be patient and polite, but firm.

They may begin offering compromises. At this point, it's up to you. For instance, I was offered a $10 credit; I decided that wasn't good enough. You can remind the person on the phone of how long you've been a customer, if you have that sort of status -- again, be polite, but firm. I was eventually offered a refund of half of the restocking fee, which I took (applied as a credit to my account).

But, if that's not good enough for you, you don't have to take it. Depending on how much you value your time, you have other opportunities. You can talk to your credit card issuer; again, be patient and polite. (If you're talking to an issuer, don't use the word "unlock", since they can very easily confuse it with a SIM unlock. Be perfectly clear -- refer to the feature as "the HTCDev feature", or "custom software support".) They may be willing to refund your money, and then they'll work it out with Verizon Wireless later.

If you have *way* too much free time, you could even use small claims court. Again, remember that phrase, "materially different" -- it is! You don't need a lawyer to go to small claims court (and, indeed, in many small claims courts, lawyers aren't allowed!).

tl;dr: Yes, it's possible to return your One with either no restocking fee or a reduced restocking fee. You shouldn't settle for a phone that you don't control -- as the EFF says, 'you own it, you pwn it'. If it bothers you, you should put your money where your mouth is, and return it -- then, but a phone that's unlockable.