Is her cell company responsible for the break-up of her marriage?

Becky - posted on 06/16/2010 ( 24 moms have responded )

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Affair revealed: Woman sues Rogers Wireless Inc. for ruining her marriage

..A Toronto woman is suing Rogers Wireless Inc. for ruining her marriage.

Gabriella Nagy, who subscribed to Rogers wireless services, requested her billing be addressed to her family home under her maiden name. When her husband ordered additional services — internet and cable television — from Rogers in June 2007, Rogers bundled Nagy’s billing with her husband’s.

.Ms. Nagy’s husband realized his wife’s infidelity when he saw hours-long conversations with a particular phone number and confronted Nagy. The two are now separated.

Ms. Nagy is suing Rogers for $600,000, citing negligence and breach of contract.

“The defendant breached the said duty of reasonable care by acting in a manner below the standard of conduct expected from the defendant […],” says Nagy’s statement of claim.

In documents filed on behalf of the defence, Rogers states “The marriage break-up apparently resulted from the fact the plaintiff was having an extramarital affair” and Rogers “is not responsiblefor the plaintiff’s affair or its consequences.”

The plaintiff is no longer a Rogers client.


Read more: http://news.nationalpost.com/2010/05/17/...


What do you think? Should the cell company be held legally responsible?
Personally, I think it's a load of crap. Although it's possible they breached her privacy, she would've had nothing to worry about if she wasn't having an affair in the first place. She is solely responsible for the break-up of her marriage, IMO!

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Suzette - posted on 06/20/2010

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The company is liable for breaching the privacy contract they have together. To go as far as to say they're responsible for the break up of the marriage, she did that by cheating on her husband to begin with. The company just screwed up with the privacy clause in the contract and set the ball in motion for her husband to find out about it in a different manner than he would've found out in the long run. So, indirectly, they could be responsible for him finding out about the affair that ended the marriage, but not for ending the marriage entirely.

As Carol stated,
"The wife had used her maiden name. There is no reason for the company to assume that they are spouses simply because they reside at the same address. And as I mentioned earlier, irregardless, the company is obligated to confirm the billing situation with her first."
They are obligated to confirm the billing situation. The parties have separate names and the company should never have presumed they were married or related and just bundled everything. Hell, there are companies that my husband was doing business with long before we were married that won't speak to me without his permission. There are companies that we have loans with now and the loan is only in his name, they won't speak to me either, not without permission. Comcast (cable) won't speak to me without his permission because we only put it in his name, I don't remember why but I was added to the acct later.

Quoting Christina,
"But what if the guy just said 'put it all under my wife's name b/c she has an account with you already' or something to that affect. That could be a possibility. Of course we don't know all sides to the story, so we can't really say what went down or whatever.. But it's still not the company's fault that her marriage ended."
Even if he had said this, it's in her maiden name so it never should've been done and they should've confirmed everything with her before taking his word for it. If companies ran things by simply taking someone else's word for it, then there would be numerous people getting bills for fraudulent cell phones. It would be total chaos. Indirectly, it is their fault her marriage ended, but only because they violated the privacy agreement. They did not force her to be a moron and have an affair.

Amie - posted on 06/17/2010

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Ugh and since some will need this to be clearer than my original post. (I see the snippy replies on here)



Rogers is at fault for breaching privacy laws.

She is at fault for being a cheating bitch.

Sharon - posted on 06/17/2010

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Rogers screwed up by giving out priviledged information. Its against the law. Well, in the US it is.

My husband cannot add services to our phone bill or satellite service because he isn't on them. (he makes HORRIBLE impulse purchases! lol)

Nagy doesn't deserve 600K for being a whore. I'm not sure what she deserves other than the divorce.

Christina - no the companys' do not. My mother, brother & I share a mailing address. Theoretically - companies could assume that my brother & I are husband & wife or my brother & mother are husband & wife (eeww!) because we have the same last name. It has never even been offered to me to combine our cellphone bills, investment statements, etc.

My husband and I don't share the same last name - I have been asked "I see there is another account at that address are you related?" No additional information whatsoever.

Jessica - posted on 06/17/2010

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umm, the fact that she was being a tramp is what ruined her marriage....heaven forbid people actually have to take the blame for there own actions these days....

Carolee - posted on 06/16/2010

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What the hell??? This company did nothing more than send them a bill! Every phone bill I've ever seen has been itemized and states clearly all numbers dialed and how long the two lines were connected. It's the only way that they can give you an option to dispute any possible miscalculations.

Nobody at this company threatened her life in any way to make her have an affair. They didn't know about it... THEY DON'T CARE!!! They should not be getting sued for sending a bill. How the hell could they make sure they wouldn't get sued again? You can't charge people and not tell them what they are being charged for.

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24 Comments

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Nikki - posted on 06/21/2010

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She shouldnt have been having the affair in the first place

On another note we are with Rogers, well the account is under y husbands name, but I have access to the account as well, but when my husband added me he said Nikki Michaelov...... not Nicole Michaelov... We had a problem with our digital box so I went in to get a new box, I had to drive an hour away because all the stores near us had no boxes left. When I got there I showed ID which stated my name and address, but bc he said Nikki when he set up the account they wouldnt allow me to do anything... thats how strict they are...... obviously Nikki ir short for Nicole.. I even had them call their supervisor and had my husband call in but nothing.... Also my mom isnt even allowed to pay my lil brothers cell phone bills and he is bundled to her account
so I really have no idea how her services could have been bundled with his without her permission in the first place

Johnny - posted on 06/20/2010

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I just wanted to point out that in this specific case, she was listed under her maiden name with the cell phone company, so having the same last name was not even an issue.

Also, this situation is in Canada, not the US, and our privacy laws here are quite a bit different.

Jodi - posted on 06/20/2010

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No worries :) Just thought I'd mention how easy it would be for a husband to arrange it even if the privacy laws were as tight as our own, especially if he had suspicions.



Having the same last name shouldn't be authority enough, that would be very concerning!!!

Jess - posted on 06/20/2010

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Jodi, I know its possible to get around id checks and I know that its possible to authorise someone else to act on your behalf, its a huge part of my job..... my question still remains though. Are the laws different in the USA because from the post's it sounds like having the same last name is authority enough to make changes to someone's account there.

Jodi - posted on 06/20/2010

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Jess, it would be possible in Australia to forge a document giving permission to a partner to access your records or change the account. I have been able to make changes to my in-laws information by filling in a form, having my father-in-law sign it and then faxing it to the phone company. Also, I have authorised OVER THE PHONE my husband to operate our account as well as myself (our account is in my name).

So in this case, IF the husband did this because he suspected his wife of having an affair, then I guess the phone company could be off the hook......

But really, when it comes right down to it, if she wasn't a cheating whore, it would never have been an issue in the first place, LOL.

Jess - posted on 06/20/2010

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I love that she can put a $ figure on her marriage.... great wife she must have been !

I have read through most of the posts and it appears the privacy laws in the USA differ a lot from those here in Australia. Here in Aus if your married and the phone is in the wife's name, the company isn't even allowed to confirm they have a contract for her, they can't confirm they service the house or even confirm the phone number to the husband let alone bundle bills ! Regardless of whether or not you share the same last name. Is that the same there, or is tighter restrictions needed by companies to protect themselves from being sued ?

Rachelle - posted on 06/17/2010

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HAHAHA OMG is this for real. They should be held accountable for messing up her account but by no means should they be responsable for her marriage breaking up. Its called Karma and it comes back around in many ways, hers was through her phone bills lol. She broke up her marriage. What a fool to think they are responsable for that. Clearly they were wrong for messing up but not what resulted from it.

Mary - posted on 06/17/2010

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The company screwed up. The woman screwed around. While her infidelity is obviously the cause of her marriage ending, the' company's mistake IS what led to the discovery of the affair. You may think she is a cheating whore, but even so, she has a right to her privacy. Do I think she deserves $600,000.00 from them? No, not really, but since they did make an error which breached her privacy, and led the discovery of her indiscretions (which in turn, negatively impacted her life) they are, in some form, liable for "damages" done to her. Now, if Fate was her judge, it would demand that she in turn owes the husband for the damage she inflicted upon him. Sadly, the world doesn't always work that way.

Jenny - posted on 06/17/2010

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I can't make any changes to ou phone or satelitte accounts are in my partner's name even though I have the PIN. I've started saying my name is his which they've never questioned for some reason as it's a very male sounding name.

I've had a male roomate and would have been pissed if my mail was bundled withh his. They have no right. The company overstepped their bounderies for sure but the fault in the marraige dissolving is her's alone.

Amie - posted on 06/17/2010

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I remember this when it happened. It does breach privacy laws, she does have that. My husband's info won't even be released to me without his written/verbal consent.



If she had never been having the affair it never would have happened.



Both are at fault. She's an idiot though.

[deleted account]

Rogers is not responsible for the break-up of her marriage... after all they didn't cheat on her husband, she did... I do think that Rogers is responsible for breach of privacy but that's it.

Jodi - posted on 06/17/2010

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I think she has a case for her privacy being breached, but to sue for ruining her marriage? Seriously......she did that one ALL on her own. it was only a matter of time really. I just love it when people seem to have to blame anyone but themselves for anything that goes wrong in their lives. There will always be people who claim it is never their fault......and there will never be a cure for stupid.

*Lisa* - posted on 06/17/2010

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I agree she may legally have a case but her affair ruined her marriage, not the phone company.

C. - posted on 06/17/2010

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Ok, Carol.. But what if the guy just said 'put it all under my wife's name b/c she has an account with you already' or something to that affect. That could be a possibility. Of course we don't know all sides to the story, so we can't really say what went down or whatever.. But it's still not the company's fault that her marriage ended.



(And I'm really not trying to be rude or picky.. 'irregardless' isn't a word. No matter what the context is, the word is 'regardless'. And I'm not just talking to you, I've seen it on CoM too many times to count from lots of different people.)

Johnny - posted on 06/16/2010

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That I will agree with for certain Becky. The destruction of her marriage rests entirely upon her shoulders. Perhaps if she wins her lawsuit the ex-husband can demand some of the settlement money as alimony.

Becky - posted on 06/16/2010

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I can see the point about privacy, especially if the cell phone bill was in her maiden name. (red flag right there, unless she'd had the phone since before she got married!) It just pisses me off that she's blaming the phone company for destroying her marriage. They might have breached her privacy, but they most certainly did not destroy her marriage.

Johnny - posted on 06/16/2010

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Even if you and I don't require it, legally, we still have the right to privacy and the company must respect that right. Even the right to privacy from our spouse. I am not in any way defending her actions or suggesting that she doesn't completely deserve to get her ass dumped. Frankly, I am very happy for the husband that he found out that his wife was a cheating floozy. The obligation is LEGALLY on the company to confirm the billing situation with the customer before bundling the bills together.

"So your boarder decides to sign up with Rogers and seeing that there is another account at the same address, they decide to bundle your billing and send it all to your boarder."

Not possible. If the boarder called to have service through the same person, they would most likely specify a different name and tell them that they are renting a room from so-and-so and to not bundle the bill.


The wife had used her maiden name. There is no reason for the company to assume that they are spouses simply because they reside at the same address. And as I mentioned earlier, irregardless, the company is obligated to confirm the billing situation with her first.

My husband still can not access our cable account because it is listed in my maiden name. This is not to lock him out, but because the cable company was the only one that insisted upon my marrying and changing my name that I present myself at their head office (and line up for what usually is at least an hour) to give them a copy of my marriage certificate. I refused to bother and thus the account is still in my maiden name and as such, my husband is unable to access it.

C. - posted on 06/16/2010

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Arlight.. Lets see who else we all can blame for our own indiscretions. Honestly?? Almost EVERY company that offers more than one service (phone, internet, cable and cell phones) BUNDLE their bills b/c it conserves a little bit of paper (no unnecessary envelopes).

It's her fault for cheating, she can't blame anyone else but herself. It's not the wireless company's fault. If she wanted her bills to come separately, she could have called and requested they do so.

Carol, companies like that generally put everything all under one name unless specified. The husband probably didn't tell them to put it under his name b/c he probably didn't think it mattered.

"So your boarder decides to sign up with Rogers and seeing that there is another account at the same address, they decide to bundle your billing and send it all to your boarder."

Not possible. If the boarder called to have service through the same person, they would most likely specify a different name and tell them that they are renting a room from so-and-so and to not bundle the bill.

In this instance, the husband probably didn't realize it would create such a conflict. If it were me, and I wanted to get additional services through one of the companies we have, I would have it sent under one name (like if we used to only have phone and I wanted internet from the same provider). It doesn't matter to me b/c I've got nothing to hide. Maybe her husband figured the same thing, he's got nothing to hide.

Johnny - posted on 06/16/2010

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Well, sadly I suspect that legally she has a case. Whatever the outcome of the situation (and it sounds like she deserves what she got) Rogers has a duty to respect a customer's privacy and not include their bill in with another persons unless expressly ordered to do so.

Just thinking of this on another tact.... suppose you had a boarder living in your home who was not a member of your family. You have a plan with Rogers and you frequently use your cell phone to dial 1-900 gay chat lines (Not you specificially, lol, the general "you"). So your boarder decides to sign up with Rogers and seeing that there is another account at the same address, they decide to bundle your billing and send it all to your boarder. The boarder is disgusted by your activities and moves out, leaving you without the income from the rented room. Would it be right to sue Rogers? I suspect you would have a case.

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