why does it keep saying that the battery is over heated when its a new phone
Good question. As long as you are not using/storing the phone incorrectly (e.g., placing it on a hot windowsill), this should not be happening. I'd take the phone back for a refund/replacement.
Hope you've been able to get this taken care of! Were you able to run through all the basic troubleshooting: https://support.t-mobile.com/docs/DOC-4192#top
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