Hold the call button for at least 10 seconds, if you get no joy, see if you can take the battery out and put it back in. Failing that, yes it would seem likely that it's defective out the box. If you bought it from a local retail store, take it back describing the defection and I'm sure they'll try to get it working themselves for you, failing that - they'll give you an option for a replacement or your money back.
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