these things do go bad out of the box. i had a waypoint 35a esc smoked straight outta of the box. since i got it from a LHS (Ka-planes, Mike) he let me decide if i wanted my money back or get something else.

I love those guys. super nice. they didnt even make me send it back to them. I had a scorpion 55a esc that i bought from helidirect about 6 months ago. well it also let out that magic smoke and died. I contacted scorpion and they replaced it under warranty. super nice.
homeunt... where was that bought? was it brand new? contact align and get a new one.