Yup. I've had a couple like that. Rest assured, it's not going to get better on its own. Often, the pressure is low. A shop with the proper tools can repressurize it in a few minutes. You can send it back to Fox, but their long turnaround time will leave you looking for a replacement.
With my latest bike, I had the seatpost fixed up, sold it, and bought something that is more reliable.
If the problem is an overtight seatpost clamp, then use some friction paste to get the same clamping but with less force and therefore less distortion of your dropper. Something like this is good: