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Toronto woman sues cellular provider Rogers for revealing affair, causing divorce

Posted: May 17, 2010

When Canadian cellular company Rogers Wireless Inc. bundled services for a married Canadian couple, former customer Gabriella Nagy says the consequences of that simple billing decision without her consent ruined her life.

Now Nagy’s suing the telecommunications provider for $600,000, alleging invasion of privacy and breach of contract. Nagy’s husband, whom she declined to identify to spare him further shame, was the main account holder for the couple’s cable tv account at their home address. The woman’s cell phone bills arrived separately and were addressed to her maiden name, until Nagy’s husband opted to add internet to the services provided by Rogers at that address. It is at that point, she says, the company took it upon themselves to bundle the couple’s services, granting Nagy’s spouse access to her cell phone bill and allowing him to learn of her affair:

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.”

While it’s difficult to feel sympathy for Nagy- she did lie, cheat on her spouse and get caught doing it- should Rogers have treated her account with more discretion? Nagy feels that the global invoice issued by Rogers destroyed her life- costing her her marriage as well as her high paid job when the stress of her husband’s abandonment got to her:

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.

Not surprisingly, Nagy’s husband is said to be less upset with the telecom:

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.

Rogers completely denies any responsibilities for the series of events that transpired after their “global invoice” arrived at the home Nagy shared with her husband and children in 2007, asserting:

“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.”

Which way do you think the ruling should go? Should Rogers have to pay up for revealing Gabriella Nagy’s affair?

Comments


6 Archived Responses to “ Toronto woman sues cellular provider Rogers for revealing affair, causing divorce ”

  1. ahMEmon
    May 17, 2010

    Yes. Rogers has the nasty habit of consolidating bills WITHOUT any form of notice. I have had my cellphone for over several years, and it was always separate, until, after moving in with my ex, they decided to lump everything together and add it to my cell phone bill. Imagine my surprise when one day, I recieved a text message plus phone call indicating that my bill was overdue in the in excess of $400!!!!

    It took them half a minute to flip whatever switch to mash 3 accounts together (Cable, internet and phone) but SEVERAL MONTHS to separate them! I never asked for such a service and NEVER wanted it, but somehow they knew what was better before I did!

  2. Greg
    May 17, 2010

    Forget the infidelity, this is a red herring. The important thing here isn’t even privacy, its contract law.

    The woman had a contract in her name with Rogers, Rogers abused and broke that contract.

    I imagine it happened something like this: The Rogers agent noticed two accounts with different names at the same address and asked the person he was speaking with if they knew this other account holder. This was the first breach of contract, giving away personal information. Then, when they said “thats my wife” the agent took that information at face value, and with no possible way of confirming that this information was true, terminated her contact and created a new contract with her “husband”.

    Now imagine you are a student, or someone else sharing a house, or renting a room in a shared household (which, BTY is a lot of people under 30). Now Rogers notices that there are several people with different names and separate contracts living at the same address and starts asking someone you live with questions about you. What if they say they are your husband or wife? See where this is going?

    What if the information the “husband” gleaned from the bill has nothing to do with an affair, but still caused damages? What if they were going to split up and was speaking to an attorney, or the spouse was trying get help escaping an abusive relationship?

    If Rogers isn’t taken to task for this breach of contract, then it sets a precedent for all corporations in Ontario; that it’s okay to give their customer’s information to another customer and change their contract without getting their approval.

    This woman has a case, and if she can link Rogers’ act, the breaking of their contract with her, with real damages, which is look like she can. then she can, and should, win this case. Remember this is not about her taking responsibility for her affair, it’s about a corporation braking a contract and causing real damages.

  3. janet
    May 17, 2010

    Had the woman kept her pants on, this would have been a non-issue. She laid down with dogs & got up with fleas. Too frickin’ bad, but it made for a hilarious story! LOL

  4. Cyndi
    May 17, 2010

    Sounds like they did violate contract law and if so, she should win her case.

    But to claim “they” ruined her life is absurd. She was the one having the affair.

  5. D
    May 18, 2010

    This woman has a lot of nerve blaming someone else for this.
    Here’s a bit of logic she seems to be lacking: Don’t want to get caught cheating? Don’t cheat!

    Personally I can’t stand Rogers or how they do business, but blaming them is ridiculous.

  6. Anonymous
    May 22, 2010

    she got what she deserved. no. rogers dont have to pay for her acts.