Who I have the same questioned this topic

Bought a new iPhone 7 from Mobile Guru DBA Mobile Guru NYC Fulton St. They are located at 102 Fulton Street, #104, New York 10038-2707. After 3 weeks, phone battery indicator is jumping up and down and phone is dying at random times. Called Verizon cusotmer service and they said it's new, so call tech support and they'll troubleshoot and replace if necessary.

Took it to a real Verizon Store at 581 Broadway in New York instead of calling tech support and was informed that we would have to pay for a new battery. The salesperson suggested we take it to Apple so it would be covered under the manufacturer's warranty.

When we went to Apple, we were informed that the phone was not new and wouldn’t be covered under the warranty. It was a refurbished 2016 model. In addition, when Apple went to replace the battery, they removed the screen and found that the screen was not the original, it was a third-party replacement screen.

I'm writing to Verizon Correspondence Team to file a complaint against the sale by Mobile Guru and dispute the monthly billing for a phone that was sold fraudulently. 

Any advice or input is appreciated. Thanks!