NHTSA Complaint #10565281 — 2004 BMW 530I

MY VEHICLE IS A 530I WITH A PRODUCTION DATE IN MARCH 2004, IT IS MY CONTENTION THAT THE VEHICLE SHOULD BE SUBJECT TO RECALL RCDNN-04V575. DESPITE THE DECEMBER 2004 NOTICE TO NTSHA INDICATING THAT 100% OF VEHICLES WITH THE SEAT HEATING OPTION PRODUCED BETWEEN JUNE 17TH 2003 AND APRIL 30TH 2004. BMW INSISTS THAT MY VEHICLE (PRODUCTION DATE IN MARCH 2004 AND CONTAINING THE SEAT HEATER IN QUESTION) IS, ACCORDING TO INTERNAL DOCUMENTS WHICH THEY WILL NOT RELEASE TO ME, NOT IN FACT SUBJECT TO THE RECALL. THE MALFUNCTION DESCRIBED IN THE RECALL NOTICE HAPPENED EXACTLY AS DESCRIBED, BURNING A HOLE THROUGH MY DRIVER SEAT SIDE BOLSTER. DESPITE AGREEING TO REMEDY THE DRIVER SIDE DAMAGE TO MY SATISFACTION, BMW CONTENDS THAT THEY ARE UNDER NO OBLIGATION TO REPAIR OR EVEN INSPECT THE PASSENGER SIDE SEAT BOLSTER, WHICH I CONTEND IS DEFECTIVE AND WAS SUBJECT TO THE RECALL. I HAVE EMAILS FROM BMW STATING MY VEHICLE IS NOT SUBJECT TO THE RECALL AND ACKNOWLEDGING THAT NO RECALL REPAIRS HAD OCCURRED THEY ARE CLAIMING I AM NOT ENTITLED TO VIEW THE INTERNAL DOCUMENTATION THAT ALLEGEDLY SHOWS THAT THE DEFECT WAS REMEDIED BEFORE THE VEHICLE WAS DELIVERED OFF THE PRODUCTION LINE. WHAT I FIND INEXPLICABLE AND BEYOND BELIEF, IS THAT THEY WOULD ISSUE A NOTIFICATION TO NTSHA IN NOVEMBER 2004, A FULL SIX MONTHS AFTER ALLEGEDLY REMEDYING DEFECTS IN CARS PRODUCED FROM MID-MARCH 2004 THROUGH APRIL 30TH 2004 WITHOUT CORRECTING THOSE DATES IN THE NOTIFICATION LETTER. BMW REFUSES TO REPAIR OR EVEN INSPECT MY PASSENGER SIDE SEAT BOLSTER HEATING ELEMENT DESPITE CLEAR EVIDENCE THAT IT IS IN FACT DEFECTIVE AND SUBJECT TO THE RECALL. I WOULD LIKE THAT PROBLEM REMEDIED AS PRESCRIBED IN THE RECALL NOTICE OR DEFINITIVE PROOF PRODUCED THAT THE REPAIR WAS CONDUCTED OR ALTERNATIVELY THAT THE REDESIGN WAS IN PLACE ON THE PASSENGER SIDE SEAT BOLSTER BEFORE DELIVERY OF THE VEHICLE.. *TR