The U.S. National Highway Traffic Safety Administration (NHTSA) is considering launching an investigation into Tesla over how the electric car company handled batteries that posed a fire hazard.

After reports of batteries combusting in Tesla Model S and X vehicles, the company issued a software update in May that also reportedly reduced the distance that the vehicles could travel on a single charge, Reuters reports. Now the NHTSA is evaluating a complaint petition that says Tesla should have instead recalled the cars — an unfortunate addition to the long list of controversies surrounding the company.

A law firm representing Tesla drivers filed a complaint with the NHTSA last month, according to a notice on the agency’s website. The complaint argues that Tesla ought to have issued a safety notice and recalled at least 2,000 vehicles.

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