CDM-8910 LCD backlight stays on "Always On"

Everytime I set my LCD backlight to turn off after 30 secs. or 5 secs. or any other setting where it shuts off when I'm in a convo after a specific period. I've tried removing the battery, power cycling, changing it to 30 secs over and over, but no matter what I do the phone switches itself to LCD backlight "Always On" and this DRAINS my battery, within 45 mins if i don't notice my phone is beeping because of a low battery. This is really irritating I got this phone on 1/1/05 is it too late to take it back to radioshack? Or is there some sort of fix for this I can do myself? Please post back I know this is a lot of reading for some of you, and it's harder than the average ringtone issue but it's the biggest problem I have with this phone. I'm also curious if anyone else has had this problem so post if you have please.

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Same problem here. Phone doesnt like saving that mode for some reason and this is my third 8910.