I sent mine in last Wed. the 15th and my Brand New replacement arrived today, I ran a test for spots and none appeared.
It has the latest firmware installed and the shutter count was 0.
All I can say is B&H is the best store to work with (in IMHO) and I think everyone should purchase from them at one point or another.
I'm also very happy with Pentax for giving permission to stores to replace the defective camera's and pay for return shipping.
I don't think this spot issue should sway anyone from purchasing a new K-5. This is the best DSLR that Pentax has made, and you won't regret buying one.