The truth shall set you free....
This is the singular most accurate group of sentences in one posting
BMW knows everything they need to know about this defect to act responsibly. They know when and where defective trans were manufactured, which production runs are involved, VIN #'s, dealerships and yes, they know who bought them, the lowly guy at the bottom you and me. There is no need for discussion, argument or interpretation. To suggest anything other is disingenuous.
One must first come clean and acknowledge the defect. BMW "as of date ../../2004 transmissions with revision level "X" have been tested and are confirmed defect free". Put that information in writing make the purchasers of defective trans whole by replacing them. Begin to repair brand loyalty by ensuring quality control measures. Regardless, this is all fools folly as NHTSA has the case and BMW will comply with another "voluntary recall". And yes, it will be in writing. BMWNA will boast all of their recalls have been voluntary.