LONDON, Ont. -- A class action lawsuit has been filed in Canada regarding Samsung Galaxy Note 7 phones, which were recalled last month following reports of overheating batteries that pose a fire hazard.

The lawsuit was filed in Ontario Superior Court by London, Ont.-based Lake Lawyers, LLP.

The claim alleges Samsung was negligent because they knew or should have known that the devices could harm consumers.

The lawsuit seeks damages and a declaration that the defendants actions were false and misleading and contravened the Consumer Protection Act and the Competition Act.

The South Korean electronics giant stopped making and selling the devices and advised owners to turn them off and stop using them last month.

Samsung Electronics Canada Inc. says customers who return the phone can either exchange it for a Galaxy S7 or Galaxy S7 Edge, or receive a full refund.