Gabriella Nagy Claims Cell Phone Company Exposed Her Affair

[Dos Equis]

Funny.   

Gabriella Nagy Claims Cell Phone Company Exposed Her Affair
Huffington Post   |  Catharine Smith First Posted: 05-17-10

Gabriella Nagy, a resident of Toronto, is suing Rogers Wireless Inc for $600,000 for "invasion of privacy and breach of contract," the Toronto Star reports.

Nagy alleges that the cell phone company's billing practices exposed her extramarital affair and destroyed her marriage.

Based on the statement of claim filed in the Ontario Superior Court of Justice, the Star writes, Nagy opened and maintained her own Rogers cellular account under her maiden name until, in June 2007, her husband is said to have opened a landline and internet account in his own name. Because the two shared an address, Nagy said that Rogers lumped her wireless bill into the household bill and sent the entire statement to her husband.

Nagy told the Star that her husband, with whom she had two children, noticed "several hour-long phone calls to a single phone number." Nagy claims that her husband "called the number, spoke to the 'third party' who confirmed the affair, which had lasted only a few weeks."

She contends that Rogers "unilaterally terminated its cellular contract with her and [...] included it in the husband's account that was under his surname" without informing her, adding that her job performance suffered after her husband left, and she was fired in October of 2007. "I lost everything," she said. "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."

Rogers, meanwhile, denies terminating Nagy's account but does admit that its billing department, aiming at efficiency, "consolidated the invoicing of the various services being provided to the plaintiff and her husband." The company stated that Nagy alone was responsible for her personal life.

It's not the first time a user has blamed a cell phone company for ruining a relationship. Earlier this year, Darren P. claimed to have been dumped by his girlfriend over sexy, innuendo-filled texts that came pre-loaded on his cell phone.

Story continues below
Nagy's case is reportedly "unprecedented" in Canadian legal history. Read the full story from the Star

http://www.huffingtonpost.com/2010/05/17/gabriella-nagy-claims-cel_n_578699.html

[24KT]

Ridiculous as it seems... she does have a point.

There was definitely a breach of privacy issue there, but if she wanted to be so secretive about her cell phone, she should have taken notice when she stopped getting the bill. as for releasing her password info to her jilted lover... that sucks. Rogers shouldn't be doing that.

Alot of companies want to do things in a way thats "efficient" for them, rather than for the customer, so they will automatically try to bundle all accounts onto one bill if they are at the same address regardless of the name on the account.

She took the risk, she had the affair, and she has to deal with the fallout & consequences from it's discovery,
...however Rogers imo does bear some culpability for breaching her privacy. that culpability would be there imo whether there was any fallout from the discovery of her affair or not. Customer account information needs to be secured and not sent to just anyone who requests it... regardless of their familial status.

It's like when I call customers, and they are not at home, ...and the husband or wife demands to know why I'm calling. I don't even bother explaining who I am or  why I'm calling other than to say my name and the number where they can reach me. I don't care if you are married to them, it's not my place to disclose to you why I'm calling. If you want to know... ask your husband or your wife.

[Dos Equis]

She has no point.  The fact she couldn't keep her legs closed with a man who wasn't her husband is the reason her husband is divorcing.  It's pretty comical that she's blaming the phone company for this. 

[24KT]

She has no point.  The fact she couldn't keep her legs closed with a man who wasn't her husband is the reason her husband is divorcing.  It's pretty comical that she's blaming the phone company for this. 

Despite whatever character flaws she may have, it still remains that Rogers released her private account information on at least two separate occasions which resulted in causing problems for her. Information about who she spoke to or for what length of time should not have been made available to anyone including her husband. And the password to her account should also not have been released to anyone. The fact that it was released to her ex-lover who then used it to taunt and torture her & her husband should also not have occurred. Rogers does have some culpability, not for her affair or her husband leaving her, but for the breach of her privacy. Self-righteous moralists may say that if she hadn't had an affair with this scum bag, he wouldn't have taunted and harassed her compounding her problems, but the fact still remains that it was Rogers breach of her privacy that facilitated her harassment.

[powerpack]

LOL Her response is so typical of a lot of woman 
In Jan 2004 I told a colleague of mine that his wife was having an affair, every one else had known for weeks.
His wife WANTED TO SUE ME FOR RUINING HER LIFE................ 
All my other colleagues wives told me I had NO RIGHT TO DO THAT and even a year later where not talking to me 

[drkaje]

She has no point and is a lying, cheating skank.

Acting right in the first place would have prevented this whole issue.

[Dos Equis]

She has no point and is a lying, cheating skank.

Acting right in the first place would have prevented this whole issue.

Exactly.  I think people caught up in the Hollywood anything goes mentality will have a hard time understanding this. 

[tonymctones]

LOL Her response is so typical of a lot of woman 
In Jan 2004 I told a colleague of mine that his wife was having an affair, every one else had known for weeks.
His wife WANTED TO SUE ME FOR RUINING HER LIFE................ 
All my other colleagues wives told me I had NO RIGHT TO DO THAT and even a year later where not talking to me 

hahah youre better off by not having to talk to those idiotic hens...

jags response if very typical of her too if this was a man she would be calling for his balls...

[24KT]

LOL Her response is so typical of a lot of woman 
In Jan 2004 I told a colleague of mine that his wife was having an affair, every one else had known for weeks.
His wife WANTED TO SUE ME FOR RUINING HER LIFE................ 
All my other colleagues wives told me I had NO RIGHT TO DO THAT and even a year later where not talking to me 

That's funny. 

[24KT]

hahah youre better off by not having to talk to those idiotic hens...

jags response if very typical of her too if this was a man she would be calling for his balls...

If it were a man, ...I'd be saying the same thing.

Just so we can clarify my position on the matter... let's take the affair & subsequent divorce out of the equation.

Let's pretend there was no affair. The bottom line is that Rogers did indeed breach her privacy by terminating her contract and sending her private phone records to someone else without authority to do so and without her approval. They also revealed her passcode to someone unauthorized to have it which facilitated her harassment. There is absolutely no excuse for that whatsoever. NONE!!!

As far as I'm concenred, if you can't do the time, ...she shouldn't have done the crime. She took a gamble by having an affair... and lost. I have very little sympathy for her... HOWEVER, despite my lack of sympathy, I recognize she does have a valid claim. Her risk does not however absolve Rogers from their culpability in this matter. If you're driving down the street in a car without your seat belt fastened... if some clown runs a red light and you go through the windshield... you took a gamble and lost, ...but that does not absolve the other driver from liability for your injuries. My issue is with Rogers and their lackadaisical attitude towards customer privacy. I would like to see Rogers lose this suit. Not necessarily for the $600K she is seeking, but I would like to see a strong message sent to businesses that client records and customer privacy are paramount.

[lesaucer]

hahaha fucking skank got owned

[24KT]

hahaha fucking skank got owned

And had she been Mother Theresa, would you still think it appropriate for the phone company to be releasing her private phone records to someone else with neither her authority nor approval? Would it also be okay with you for her voicemail password to be released to an atheist would then use it to taunt & harass her and her husband?

Her sexuality and promiscuity have nothing to do with this. Her sexuality is not what should be on trial.
It should be the phone company's privacy policies under the microscope, and whether they acted improperly breaching their duty to her. She betrayed her husband and he got his recompense in the form of a divorce. The phone company betrayed her, and she deserves recompense for that betrayal, whether it led to a divorce or not.

[lesaucer]

And had she been Mother Theresa, would you still think it appropriate for the phone company to be releasing her private phone records to someone else with neither her authority nor approval? Would it also be okay with you for her voicemail password to be released to an atheist would then use it to taunt & harass her and her husband?

Her sexuality and promiscuity have nothing to do with this. Her sexuality is not what should be on trial.
It should be the phone company's privacy policies under the microscope, and whether they acted improperly breaching their duty to her. She betrayed her husband and he got his recompense in the form of a divorce. The phone company betrayed her, and she deserves recompense for that betrayal, whether it led to a divorce or not.

yeah thats true. what probably happened is that the husband got refused to be given the info at first, but then convinced that little operator to give it to him explaining why and blabla... maybe he even paid that guy big time for that password that was going to give him his divorce... im 100% sure that alot of people tried it before but were refused, but this time, the company failed and that operator is gonna lose his job.. hope that paycheck from the husband was worth it 

[Al Doggity]

If it were a man, ...I'd be saying the same thing.

Just so we can clarify my position on the matter... let's take the affair & subsequent divorce out of the equation.

Let's pretend there was no affair. The bottom line is that Rogers did indeed breach her privacy by terminating her contract and sending her private phone records to someone else without authority to do so and without her approval. They also revealed her passcode to someone unauthorized to have it which facilitated her harassment. There is absolutely no excuse for that whatsoever. NONE!!!

As far as I'm concenred, if you can't do the time, ...she shouldn't have done the crime. She took a gamble by having an affair... and lost. I have very little sympathy for her... HOWEVER, despite my lack of sympathy, I recognize she does have a valid claim. Her risk does not however absolve Rogers from their culpability in this matter. If you're driving down the street in a car without your seat belt fastened... if some clown runs a red light and you go through the windshield... you took a gamble and lost, ...but that does not absolve the other driver from liability for your injuries. My issue is with Rogers and their lackadaisical attitude towards customer privacy. I would like to see Rogers lose this suit. Not necessarily for the $600K she is seeking, but I would like to see a strong message sent to businesses that client records and customer privacy are paramount.

Completely agree with you. Don't really have any sympathy for her, but  aside from my personal feelings, I would imagine she does have at least some legal ground to stand on. Realistically, her husband could have found out about the affair any number of ways, but he found out because the wireless company violated their legally binding terms of service. There may be a part of the story I'm missing, but it sounds like they actually WERE under some obligation to keep her secret.

[brooklynbruiser]

Is this her? If so, the irony is stifling.

http://www.carleton.ca/hotlab/Individual_pages/faculty.html

Gabriella Nagy is the HOT Lab's Research Assistant who is a former graduate of the lab.

E-mail: gnagy at connect dot carleton dot ca

Research Interests:

Safety-critical systems,
Human error in complex systems.

 

[George Whorewell]

Yeesh what a mutt.

Now I 110% disagree with her and I would advise the cell phone company to countersue her on the grounds that having someone that ugly publicly admit using my service would reduce sales.

[24KT]

brooklyn, I don't think that's her. The article states she was a real estate property mgr.
'sides, someone making $100K a yr would certainly take better care of herself, and would at least dress better imo