Yeah, positive it's the 8. He even mentioned the tsb but said I would have to pay for it. This was after saying the update was the fix. When I took it in I mentioned a shudder along with the slip/jerk when cold but I'm guessing this guy was not in the mood to do anything under warranty that day. Also have a light oil leak that I asked them to look at but he said that would be a $125 diagnostic fee IF the leak turned out to be from a seal that's not covered under warranty if I decide not to have it fixed. When I asked for an example of a seal not covered he said axle seals and couldn't think of anything else, which I'm pretty sure is crap. Instead of arguing with him at this point I just told him to cancel the oil leak and I'll trace it myself before bringing it back.
Thanks for the responses, especially the full tsb from rav3. I've called GM customer service and they've emailed the customer advocate at this dealership after not being able to reach the service advisor on the phone. They haven't gotten a response as of today. They said he has until tomorrow to respond and then it will move to a senior advisor. Hopefully I can get something done and it's just this particular advisor that's the problem.