Like I said, you really want change? Reform the bodies that govern this stuff.
Want better drivers? Campaign for better driver training/stiffer testing. Heck, MI has gone to 24 hours of theory and minimum 6 hours of one-on-one in-car instruction for just a Level 1 license. And only with a licensed instructor. Practically freaking Germany. Thank the FSM!
In this case, what is not particularly clear to everyone is that with NHTSA and BMW unable to find a clear failure mode and mitigation strategy, there is no path to a recall. The public is better served by being able to sue BMW in the event of damages, a path that would basically disappear if a recall was forced through. NHTSA is holding BMW's feet to the fire by exposing them to lawsuits. This puts the onus on BMW to find out why this failure continues to occur. Until they can do so, they are going to be subject to lawsuits.
If you don't like how the process works, go argue with NHTSA or your local legislator who can change it.