Motorola RAZR V3

For the last two days I have noted that my 2.5 wek old Razr has been feeling quite warm while both in a generic case and in my pocket...when checked it seems to have been "on" because the battery charge level shows nearly empty despite being less than a couple hours from a full charge over night.

Anyone have this kind of problem? The charger and battery are OEM so not thinking of compatibility issues. Not sure whether to return my phone and DEMAND new (not refurb) at Cingular, or whether to ASK nicely for another battery...a big reason is that I am nearling the 30 time limit for return, and another the phone is essentially unusable in it's current state?

Any possibility of a program running in the background that I need to check? A reset button? Besides a few ringtones, I have downloaded only a yahtzee game.

Thanks!