I got my 3DS since launch day and well, it did get the scratches, however my console was still under warranty so I went to the store where I had purchased it, and sent it to warranty, showing the scratches on the screen and explaining why it happened.
I sent it around the day this thread was started, on the 8th I think, I got it back yesterday, they didn't touch my software, all my games, folders, demos, everything was intact, even my mii's and my puzzles, only thing that was off was the date and time, but I fixed that. Also, thanks to sending my 3DS fixing I got a spotpass from germany, some female mii called Nikole, I believe it was the person that fixed my 3DS, because if that I got an achievement for having mii's from 3 different countries.