Couldn't there be some sort of liability on Apple's part if the OP was left without a phone and needed to contact emergency services but wasn't able to due to Apple taking his device? I get people arent entitled to replacements or loaners on items like a Macbook, but if this device is the OP's only communication device, the "entitlement" should be different. I do think they should have offered either an instant replacement, a loaner (even if it's a different or older model) or if they really didn't have the model in stock, contact a nearby apple store and have it delivered the same day.