Well, based off reported experiences of people getting their data back, I took the plunge and went and bought another one today at Wal-Mart.
they had 6 of them @ 129.99 (lots of people reporting them elsewhere @199?)
Activated it online, turned on, and behold 3G data right off the bat!
here's the strange thing. I had ALL bars where I bought it and activated it. as I slowly left the metro area into the outlying rural areas, The phone stayed on 3G the entire time......and get this, WITH NO BARS for more than 20 miles, I was playing VIRGIN LIVE RADIO. Both the UP and DOWN arrows were solid (showing data transmission). After I went down in to lower elevation, went to 1Xrtt, then eventually "X" (no service)...
but when I got back to where I live, back up to 3G with 2 bars, and surfin' away.
Wanted to make sure first the phone had 3G data in a metro area, and it did. so I knew it would probably be accessible at home.
DATA works for now, lets see how long it KEEPS working.