It’s still possible that they just didn’t have time to finish a patch that might up the voltage to the Bluetooth radio, or otherwise tell the radio to take itself out of low power mode. The longer we have to wait for a response, the more likely it is defective hardware though.

If they can’t patch it they’d have to replace them free of charge, or risk a class action lawsuit.

Yes.

This kind of play is Kim Jong Unacceptable.