NHTSA is the keeper of recall information and in most cases the recalls are initiated by manufacturers unless the problem is an immediate and serious safety concern, in which case the agency can take action. However, they need data to make informed decisions - that's why every incident reported to them (like the shifter problem) makes a difference. If there are enough of these out there (and we only know what's reported on this forum and maybe a couple of others) then NHTSA will have the info to decide if there's a recall issue or not. Meanwhile, if smart usa fixes the problem on its own, no harm no foul.