NHTSA Complaint #11707481 — 2015 KIA OPTIMA

The car is experiencing the same problem reported on technical service bulletin SA187 (Blind spot detection (BSD) system logic improvement (SA 187)) BUT KIA states my VIN number is not listed under the service bulletin and therefore I have to pay $189 to get a software upgrade done. The "Check BSD system" illuminated in the instrument cluster has been cleared twice by my mechanic and still comes back after a few days. To me this issue should have been made a recall because of its criticality... the BSD system is a core safety feature of cars and reduces accidents substantially. There was no way for me to know my car has this problem unless it is made a recall. I have NOT had any accident related to this issue but i had to pick an incident date to complete this complaint. I have called KIA customer service at 1-800-333-4542 twice to find out whether the VIN number should be included in the service bulletin and the answer was no and whether i should report this to NHTSA with the possibility that certain VIN numbers were left out of the service bulletin in error. No answer as to what to do to investigate this was given by KIA. That's why i'm reporting this on here. The service bulletin has been attached to this complaint. My question to NHTSA is whether certain vehicles were left out of the service bulletin in error and whether the manufacturer is liable for the repair at no cost to the consumer. If NHTSA finds out the manufacturer is liable will you notify them to pay on a case per case basis or will you make this service bulletin a recall? Again this is SAFETY HAZARD that can cause crashes and accidents. [XXX] INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6)