Technically aren't I in the clear since all I have to do is put in the SIM and activate??
One would think. And I'm not sure bait & switch laws apply here - VZW isn't going to force you onto a 2gig plan, they would give you an option to return the phone. And I highly doubt it is worth all the headaches, resources and costs of return to do that.
It's not even going to amount to a rounding error on their financials. I seriously, seriously doubt they are going to take any action on these accounts. Companies eat mistakes like this all the time.