I don't find it all that strange given it is a known defective part. When mine was being serviced I went out with the service manager to look at the brand new 370's sitting on the lot. 2 out of 3 had the same issue with tonneau cover contacting the rear of top and the cars were brand new.
Lawyer up, collect several thousand dollars (probably more, mine was a 2010), and don't let the dealer touch your car ever again. The best fix is to have a local convertible top specialist install new, higher quality bow straps and make all necessary adjustments. It is a very easy fix and does not cost much at all (I think I was quoted $300-$500 before selling the car).
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