BmwNA is usually a standup company.
Also, if the active steering has issues, it would be more prevalent since its widely used in the 5 series. Also, BMW's can throw spurious errors when there are underlying electrical issues. It's very possible that the car may have thrown different codes the first time around. Of course, the dealership or bmwna should provide the output of the 1st scan to quiet this. If they don't, then they look guilty. Btw, for the record,I've owned many BMW's and have always been treated fairly by the dealers and bmwna so I may be a bit biased.