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A Toronto woman says the billing practices of Rogers Wireless Inc. led to her husband discovering her extramarital affair.
Now the woman, whose husband walked out, is suing the communications giant for $600,000 for alleged invasion of privacy and breach of contract, the results of which she says have ruined her life.
In 2007, Gabriella Nagy had a cellphone account with Rogers which sent the monthly bill to her home address in her maiden name. Her husband was the account holder for the family's cable TV service at the same address. Around June 4, 2007, he called Rogers to add internet and home phone.
The following month, Rogers mailed a “global” invoice for all of its services to the matrimonial home that included an itemized bill for Nagy's cellular service, according to the statement of claim filed in Ontario Superior Court of Justice.
When Nagy’s husband opened the Rogers invoice, he saw several hour-long phone calls to a single phone number.
“Nobody does business this way and he's not stupid,” says Nagy, who is in her 30s. He called the number, spoke to the “third party” who confirmed the affair, which had lasted only a few weeks, Nagy told the Star.
“My husband didn't tell me that's how he found out, he just left.”
“The husband used the previously private and confidential information that the defendant unilaterally disclosed to the husband to inquire about the people that the plaintiff was telephoning and the nature of such calls,” the statement of claim says.
The statement alleges Rogers “unilaterally terminated its cellular contract with the plaintiff that had been in her maiden name and included it in the husband’s account that was under his surname.
“The plaintiff’s maiden name and the husband's surname were different. Such unilateral action by the defendant was done without the knowledge, information, belief, acquiescence or approval of the plaintiff.”
In a statement of defence, Rogers denies it terminated the contract and says the company "cannot be held responsible for the condition of the marriage, for the plaintiff's affair and consequential marriage break-up, nor the effects the break-up has had on her.
“Rogers is not the cause of these. The marriage break-up and its effects happened, or alternatively would in any event have happened, regardless of the form in which the plaintiff and her husband received their invoices for Rogers services in July 2007.”
Rogers acknowledges it “consolidated the invoicing of the various services being provided to the plaintiff and her husband” so that one monthly invoice would be sent to their home. “Apart from administrative efficiency, doing so would result in savings to the plaintiff and her husband for the services.”
Nagy is deeply embarrassed and ashamed about what happened. “It was a mistake,” she said of the affair. “But I didn’t deserve to lose my life over it.”
After her husband left her and their two children, ages 6 and 7, she was so distraught her work performance suffered and she lost her job as an apartment rental agent that had paid her almost $100,000 until she was let go in Oct. 10, 2007. “The plaintiff wept uncontrollably at her workplace . . . and became incapable of performing her employment duties,” reads the statement of claim.
Nagy says the employer was aware of the situation and that she was receiving medical attention.
Nagy’s lawyer, Edward Tonello, says this case is unprecedented in Canada.
“In Ontario, we don’t have a privacy act, unlike British Columbia and other provinces.”
Nagy discovered how her husband found out after Rogers left her a voicemail, in late August 2007, advising that it was about to terminate her cellular services because of unpaid invoices. That’s when she learned Rogers had terminated her account in her maiden name and included it in the global account. Rogers says the invoice was sent to “Ms.” and her husband’s surname.
When she confronted her husband, he said, “Thank god for the Rogers bill. Had it not come bundled in my cable service I would never known. That’s the only way,” Nagy says. She asked that his name not be included in the story to spare him further embarrassment. His name does not appear in the court filing.
“I lost everything,” she says. “I want others to know what a big corporation has done. I trusted Rogers with my personal information. We had a contract — and agreement that put my life right in their hands.”
After she terminated her relationship with the “third party” in August 2007, the jilted lover, himself a married father of three, called Rogers and obtained her secret password to her voicemail and used it to access it to harass her and taunt the husband, the statement of claim alleges.
As well, she alleges Rogers disconnected her cellular service in January 2009 and said her cellular phone was being invoiced to her husband's account. The wrongdoing that occurred in 2007 reoccurred, the statement says noting she subsequently switched to another cellular service provider.
Rogers denies those claims.
Um, yeah she has a case. I think she's being a little over the top about everything, but the cell phone company had no right to include her phone bill in the the cable and internet without her permission. It is definitely a violation of privacy. As far as the marriage problems, that's all on her and her spouse, but her personal call records should have remained confidential and mailed only to her.
Yes, she absolutely has a case, as long as laws in Canada are the same as they are here in the United States. I doubt she'd get a lot in damages, but release of customer's personal information to ANYONE other than the customer is illegal. CPNI (customer proprietary network information) is protected by law here in the US.
After her husband left her and their two children, ages 6 and 7, she was so distraught her work performance suffered and she lost her job as an apartment rental agent that had paid her almost $100,000 until she was let go in Oct. 10, 2007. “The plaintiff wept uncontrollably at her workplace . . . and became incapable of performing her employment duties,” reads the statement of claim.
Nagy says the employer was aware of the situation and that she was receiving medical attention.
Nagy’s lawyer, Edward Tonello, says this case is unprecedented in Canada.
“In Ontario, we don’t have a privacy act, unlike British Columbia and other provinces.”
Well there is no privacy act where she lives.
I don't know, I don't think I feel sorry for her. I would think one of the risks that everyone knows "might" happen with an affair is your spouse finding out and leaving. She got caught, she has to deal with the consequences.
Location: Not the edge of the world, but I can see it from here...
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Well, here's a huge problem, too:
Quote:
After she terminated her relationship with the “third party” in August 2007, the jilted lover, himself a married father of three, called Rogers and obtained her secret password to her voicemail and used it to access it to harass her and taunt the husband, the statement of claim alleges.
If they gave her password out to a third party, that's an even bigger violation.
It doesn't matter if there's a privacy act. When you enter into a contract with a cell phone company, it's with the understanding that they will not distribute your personal account information to any unauthorized people. EVERY cell phone company I've ever had has required me to give a passcode before they will even speak to me.
Yeah, our privacy acts only govern government agencies and health agencies. However, she can likely make a case so long as she can show actual monetary damages.
But yeah, totally wrong. I've never been able to get account information or change anything with any company without jumping through hoops.
__________________ Ashley, mommy to Mackenzie 01/01/08
Um, yeah she has a case. I think she's being a little over the top about everything, but the cell phone company had no right to include her phone bill in the the cable and internet without her permission. It is definitely a violation of privacy. As far as the marriage problems, that's all on her and her spouse, but her personal call records should have remained confidential and mailed only to her.
Ditto this.
It's really bizarre to me that the copnany did this. I mean, I've tried to make changes to accounts that happen to be in my husband's name (like, say, our hydro) and they WON'T give me any information or anything. It has to be my husband to call in (not because he's the man but because it's HIS account since it only has his name on it.)
It's tough beans for her that the affair was found out... BUT the company was wrong for sending out her private account information so I'd say she does have a case.
I think she has a case also. The original account was in her maiden name, Rogers had no right to change that or merge the account with anything else unless she had specifically requested it. From what I've read, she didn't ask for her husband to be added to the account and that's a huge violation.
Quote:
Originally Posted by SweetSimpleThings
It's really bizarre to me that the copnany did this. I mean, I've tried to make changes to accounts that happen to be in my husband's name (like, say, our hydro) and they WON'T give me any information or anything. It has to be my husband to call in (not because he's the man but because it's HIS account since it only has his name on it.)
I've had this happen too and it's frustrating for my husband sometimes since he works when most of these changes can be made but I respect that they won't give out an iota of information since it's still protecting us since any Joe Blow can call in over the phone. These days where more and more couples keep bills and accounts in separate names or have had accounts before getting married. To me, this case would be no different than a woman having a personal bank account in her maiden name and her husband called the bank to merge all their accounts together and then cleaned out her bank account after he found out she had made purchases for another man. Affair or not, this violated her rights.
ETA: Affairs are wrong but not illegal. Handing out confidential information is illegal.
Alright, if anyone's quicker at reading legalese, please look up the Personal Information Protection and Electronic Documents Act. Legalese makes little sense to me, but wandering the interwebs, looking for a PIPEDA for Dummies guide... from what I've been reading, this would apply, and is a valid law in Ontario. And applies to all businesses who keep customer information, not just gov't and health organizations.
I COULD BE WRONG. I could ABSOLUTELY be wrong. But, it's worth checking out.
And even though the lady (should) have a case against Rogers, it's my hope that she loses the case. Karma's a b!tch.
^^ Could be. I'm sure I've been quoted a personal information protection act when dealing with companies. I'm only familiar with MFIPPA because of my work, and the government and health related acts were the only ones I could find listed. You would think her lawyer would know, though, if this was applicable
__________________ Ashley, mommy to Mackenzie 01/01/08
"Now the woman, whose husband walked out, is suing the communications giant for $600,000 for alleged invasion of privacy and breach of contract, the results of which she says have ruined her life."
Just wanted to note that no, the breach of contract didn't 'ruin her life', she did. The affair is obviously her fault, and even though there was a breach in contract (and she does have a case...) it's like she's looking for a scapegoat, and someone else to blame for him finding out. I think he would have found out anyways.
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Posts: 7,453
Quote:
Originally Posted by Jenna.
And even though the lady (should) have a case against Rogers, it's my hope that she loses the case. Karma's a b!tch.
Why would you hope she doesn't win? That will set a precedent that your privacy is not to be protected. Is that what you want? Just because she had an affair doesn't mean she doesn't have the right to privacy. Also, what about the company giving her password to the "other man" and him harrassing her and the husband?
I hope she does win her claim, however, do don't think she should be entitled to the amount of damages she is seeking. The affair is her fault, yes. But she is still entitled to privacy, and if she loses, this case could mean the end of companies keeping everyone's information confidential in Canada. That would really be a shame to see that happen because people want to punish her for having an affair.
Simple hope that she gets what's coming to her, karma-wise. Has nothing to do with the legal side of things. (Although maybe it does, and my thoughts directly impact Canadian law. I suppose that's possible.)
Location: Not the edge of the world, but I can see it from here...
Posts: 7,453
Quote:
Originally Posted by Jenna.
Simple hope that she gets what's coming to her, karma-wise. Has nothing to do with the legal side of things. (Although maybe it does, and my thoughts directly impact Canadian law. I suppose that's possible.)
Losing her case would directly impact Canadian law... narcissism does not.
As this is what I do and who I work for, let me give my perspective.
Because the cell was in her name she would have been informed and had to concent to combine the services in whats called a better choice discount. Doing so would have saved her and her husband 15% on EACH service. So a subsansial savings for the family.
Once bundled the bill is combined and a single invoice is then sent to the people on the account.
Is rogers responsible? maybe in part. However she would have known the bundleing was going to occur, and she would know, from past bills that a detailed record would be sent for her cellular bill. So one could reasonable say that she is the one ultamitly at fault.
Now she had an affar and her husband left her. Good for him. Her affar ruined her life not rogers.
If someone is caught giving information on the account to anyone not on the account or changeing the account its grounds for imediate termination. Since every call, inbound or out, is recorded they need only find the origional tape recording, not a hard task really, and there would be the proof. Someone would also be fired if it turned out that they really did do it without her permission.
You'd be suprised by the number of people who get really angry and nasty about that too. I can't count the number of times a day I get "Of course I'm on the accout, I'm the wife/husband," and they're not and then you have to explain it to them while they curse at you.
Last edited by KimberlyD0; May 18th, 2010 at 07:55 AM.
I am not a lawyer or do I know if she legally has a case or not...even if she does I hope she doesn't win.
It wasn't the phone companies fault she couldn't keep her pants on.
The affair is completely irrelevant. Do you want your cell phone company sending your call records to someone who is not listed on your account? Even better, do you want them giving your voicemail passcode to anyone who calls and asks for it? If you're okay with that violation of privacy, then by all means, hope she loses her case.
Location: Not the edge of the world, but I can see it from here...
Posts: 7,453
Quote:
Originally Posted by KimberlyD0
As this is what I do and who I work for, let me give my perspective.
Because the cell was in her name she would have been informed and had to concent to combine the services in whats called a better choice discount. Doing so would have saved her and her husband 15% on EACH service. So a subsansial savings for the family.
Once bundled the bill is combined and a single invoice is then sent to the people on the account.
Is rogers responsible? maybe in part. However she would have known the bundleing was going to occur, and she would know, from past bills that a detailed record would be sent for her cellular bill. So one could reasonable say that she is the one ultamitly at fault.
Now she had an affar and her husband left her. Good for him. Her affar ruined her life not rogers.
If someone is caught giving information on the account to anyone not on the account or changeing the account its grounds for imediate termination. Since every call, inbound or out, is recorded they need only find the origional tape recording, not a hard task really, and there would be the proof. Someone would also be fired if it turned out that they really did do it without her permission.
You'd be suprised by the number of people who get really angry and nasty about that too. I can't count the number of times a day I get "Of course I'm on the accout, I'm the wife/husband," and they're not and then you have to explain it to them while they curse at you.
The company has a standard to not give out information, then that is what is going to come into play in this case. As far as the bundling, imo, if the company didn't specifically inform the customer that her bill was going to be bundled with the cable bill, then they can't say that she "should have known".
It will be interesting to find out what actually transpired.
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