NHTSA Complaint #11071681 — 2012 BMW X3

I WAS HAVE ISSUES WITH THE VEHICLE HESITATING AND JERKING, AND GENERALLY NOT OPERATING AS EXPECTED. I TOOK IT IN TO BE CHECKED AS I WAS CONCERNED FOR OPERATING IT SAFELY. THE DEALERSHIP INDICATED THAT IT REQUIRES A SOFTWARE PATCH, AS THEIR IS A CODE ERROR, BUT THEY WILL ONLY FIX IT IF I PAY FOR THE PATCH. I TOLD THEM THAT IF IT IS A PATCH THAT SEEMS LIKE A RECALL - SOFTWARE IS NOT HARDWARE, SOFTWARE DOES NOT JUST STOP WORKING IF IT IS GOOD TO BEGIN WITH. IF WE ALLOW CAR DEALERS TO MAKE US PAY FOR PATCHES WHEN THEY MESS UP SOFTWARE WE WILL ALL BE PAYING HUNDREDS AND THOUSANDS OF DOLLARS FOR THEIR CODING ERRORS GOING FORWARD AS THE TECHNOLOGY CONTINUES TO INNOVATE. I AM ALL FOR INNOVATION, BUT I SHOULD NOT BE PAYING FOR THEIR CODING ERROR. MY CAR WORKED A FEW MONTHS AGO, I TOOK IT IN FOR SERVICE UNDER WARRANTY FOR A DIFFERENT ISSUE, THEY DID WORK TO THE ONBOARD SOFTWARE THAT LIKELY CAUSED THIS ISSUE, AND NOW THAT IT IS OUT OF WARRANTY THEY HAVE DECIDED THAT IS MY PROBLEM TO FIX WHAT THEY BROKE. THIS IS A PRECEDENT THAT I DO NOT THINK WE SHOULD ALLOW AUTO MAKERS TO SET. A CAR IS NOT A PC THAT WE REPLACE IN 4 YEARS - IT COST EXPONENTIALLY MORE. WHEN MICROSOFT REQUIRES US TO UPGRADE OR THEY WILL NOT PATCH ANYMORE IT IS ON A PC THAT COST $1-2K AT MAX, WE ARE TALKING ABOUT A MUCH LARGER INVESTMENT AND BMW SHOULD NOT BE ALLOWED TO JUST STOP FIXING THEIR CODE AND CHARGING CONSUMERS FOR ERRORS THAT ARE POTENTIAL SAFETY CONCERNS. I DO NOT CARE IF THE CODE IS ORIGINAL OR INSTALLED AT MY LAST SERVICE VISIT. SOMETHING IS SERIOUSLY WRONG WITH THIS PICTURE. I WOULD FEEL DIFFERENT IF I HAD SOME CUSTOM MODIFICATION, THEN I THINK THEY COULD BLAME ME FOR HACKING IT, BUT I DID NOT DO SO, THEREFORE I SHOULD NOT BE PENALIZED.