The tnc states new phone not necessarily a new iPhone. I think you should have a copy of the tnc when you signed, if you can prove it specifically writes iPhone, should bring to CFM to report. I doubt there is a different tnc for iPhone, Samsung Galaxy S, Samsung Galaxy Note, HTC U, Sony Xperia for each of the phone brand models. Tnc usually generic, perhaps people saw the word phone and ASSUME is an iphone. What if the next Apple flagship phone is not called an iPhone?