> I think that anyone filing a lawsuit would probably take the phone instead of incurring the expense of suing for a few hundred dollars.

You'd be surprised.

I've personally managed to convince a few people to choose to get the phone right away rather than wait for a refund in conversations similar to this one - and they got them. It's not as easy as it may seem, and some people didn't want to hear about it at all. People left hanging for so long react very emotionally and I can't really blame them. I'm not even sure how I'd react myself with my own order if I didn't have inside knowledge and haven't seen things moving firsthand.