NHTSA Complaint #11697310 — 2022 BMW X5

Like numerous other BMW owners, my transfer case is failing in my vehicle. It’s actively causing jerking/shuddering/locking up at low speeds and while making turns. This poses a significant danger to the driver and passengers in the vehicle, and other drivers as well while turning or trying to merge with traffic. I’ve brought the car into the dealer had the transfer case fluid changed according to the service bulletin that exists for this problem but it persists. I’ve brought the vehicle back into the dealer and told that now BMW suggests paying for another fluid change. This is obviously a known problem (thus the service bulletin), it’s persisted with models like mine for over 5 years, had cost numerous owners significant amounts of monies out of pocket, and poses a safety risk given the transfer case is a foundational component of these vehicles’ drive trains. Finally it’s a problem BMW openly admits they caused with improper fluid in the component. I believe the above meets all criteria for a formal recall that BMW should cover (or reimburse) the costs for given their negligence and the risks it poses. Can you confirm why this hasn’t risen to a formal recall? And confirm the steps you’re actively taking to elevate this to that status with BMW?