I'm looking at the NHTSA website, they have examples of things that would be recalled.
This is certainly a safety issue, and if it is it would force BMW to do a recall.
http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm
The agency's Office of Defects Investigation investigative process consists of four parts:
Screening -- A preliminary review of consumer complaints and other information related to alleged defects to decide whether to open an investigation
Petition Analysis -- An analysis of any petitions calling for defect investigations and/or reviews of safety-related recalls
Investigation -- The investigation of alleged safety defects
Recall Management -- Investigation of the effectiveness of safety recalls.
Yes. There is a limitation based on the age of the vehicle. In order to be eligible for a free remedy, the vehicle cannot be more than 10 years old on the date the defect or noncompliance is determined. Under the law, the age of the vehicle is calculated from the date of sale to the first purchaser. For example, if a defect is found in 2003 and a recall ordered, manufacturers are required to make the correction available at no charge only for vehicles purchased new in 1994 through 2003. However, consumers should realize that even though manufacturers are not obligated to remedy safety defects in older cars, a safety problem might still exist. If you receive notification of a defect on a vehicle older than 10 years, take the responsibility to have your car repaired at your own expense – and eliminate unnecessary safety risks.
Need to get this filed in next couple years before 2008's become 10 years old