Less than a month after global tech giant Samsung recalled its Note7 smartphones over fire and explosion hazards, a London, Ont. law firm has kicked off a class action lawsuit against the company.
The lawsuit, filed in Ontario Superior Court by McKenzie Lake Lawyers, LLP, alleges Samsung was “negligent as they knew or ought to have known that the way they produced, marketed and sold their Note7 devices could result in harm to consumers.”
The allegations have not been proven in court.
In September, Health Canada issued an advisory about the devices after reports of their batteries overheating, burning and even exploding.
By Oct. 10, Samsung had recalled the item, halting sales and terminating production, a decision that doesn’t go far enough according to the McKenzie Lake lawsuit.
“We believe that through this action, the Defendants will be required to account for their actions in bringing these devices to market. Canadians who owned these devices deserve to be properly compensated,” said lawyer Matthew Baer.
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.
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.