Tuesday, May 18, 2010

Toronto woman sues phone company for revealing her affair.

A Toronto woman says the billing practices of her wireless phone company led to her husband discovering her extramarital affair.

Now the woman, whose husband walked out, is suing the phone company 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 whereby she received monthly bills 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 the company to add internet and home phone.

The following month, the company 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 complaint filed in Ontario Superior Court of Justice.

When Nagy’s husband opened the invoice, he saw several hour-long phone calls to a single phone number. He called the number and confirmed his wife's affair.

The complaint alleges that the phone company “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.”

The phone company 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 complaint. Nagy says the employer was aware of the situation and that she was receiving medical attention.

What do you say Law Bloggers? Case or no case?

1 comment:

Pete said...

She's got a great case . . . in Haiti.