Well when I ordered them, they didn't tell me about the 9 day rule. When I used to have an HU card and they did the swapout for the P4, I didn't swapout my card for like 6 months after I got it and it still worked, so I figured it was the same deal. I know even if they do blacklist the cards, they can take them back off the list. That is why they want the cards back.
They wouldn't wave the fee on the 2nd batch. I tried telling them I didn't want to pay another 40 for the second set, but then they said there would be an envelope enclosed with the 2nd batch, and to just send back the 1st set and I would be credited for it.