Is this a Verizon scam?

And is there anything I can do about it?
My Verizon plan purports to allow a free upgrade to a new smartphone after so many months, provided the old phone be “in good working order.”

The appointed months have passed and an email from Verizon said I was eligible. So I made my way to the local Verizon store to check out possible new phones. The first step was to surrender my phone to be checked. This took 10+ minutes, and it came back with the sad report that there are two tiny cracks in the side of the case, indicating that the back has been off the phone and making me ineligible for an upgrade.

Included with the phone when I got it was a strong protective case. I have never had this off, and certainly never opened up the phone.

About 6 months ago I was at a Verizon store in Florida, with a friend who was getting a phone. A salesman asked me if I had any issues with my phone and I told him the battery seemed a bit weak, which has been the case since the phone was new - no doubt because it’s a slim phone (Moto X) with a small battery. The salesman offered to check the battery, took the phone, and returned it several minutes later with a report that the battery was normal. This is the only time the phone has been out of my possession.

Do I have any case here for disputing the upgrade refusal? My phone continues to work exactly as it always has, which I’d argue constitutes “good working order”. The small cracks (each about a mm long) have no effect on the way the phone functions.

Take a look at the fine print, it probably says something about ‘for eligible phones’. IIRC the Moto X is a few years old and they probably only would have given you $50-$70 for it anyways. That minus the cost of putting a new back on it made it not worth it to them. You could tell them that it was one of their techs that broke the phone but A)you really can’t prove it and B)It doesn’t matter, they still have to fix/refurb it before it can be sent back out.

If you want a free upgrade, try trading in an iPhone 5s or a Note 3 for a phone that’s only $300.

ETA, go to the VZW site and there’s a link to see what your phone is worth. Like I said, it might only be worth $50 anyways. If you’re the type of person to buy insurance on phones, IMO, you’re better off just keeping that one and taking a pass on insurance. If you destroy the new one you can turn the old one back on.

the ‘scam’ is to get you in the door - I doubt the salesman/tech that looked at your battery before did anything intentional with that in mind - in fact, would say that those scratches would be normal wear/tear.

Fact is - they don’t want your old phone - they just want you to think they do, so they can get you in to sell you a new one - think car sales.