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Woman Sues Cellphone Company for Destroying Her Marriage
A good workman never blames his tools. And a good adulteress should never blame hers, either. Just don't tell that to Gabriella Nagy, who, after having her extramarital affair unearthed by her husband, has decided to sue her cell phone company for allowing it to happen.It began in 2007, when Nagy opened an account with the Canadian service provider Rogers. According to the contract, all monthly bills would be sent to her address, with her maiden name on the envelope. Her husband's name, however, was on the family's contract with Rogers for cable TV, Internet and landline services. That July, the company mailed a "global invoice" to the home, which included Gabriella's itemized phone bill. As you can probably guess, the husband opened the letter (since it was in his name), noticed a string of hour-long phone calls to the same number, did some further digging, and promptly busted the cheater.
Now, the Toronto Star reports that Gabriella has filed a $600,000 lawsuit against Rogers, for what her lawyers are calling "invasion of privacy and breach of contract." An official statement from Ms. Nagy's legal team alleges that Rogers "unilaterally terminated its cellular contract" with Nagy, and piled it in with her husband's bill. The promiscuous plaintiff further accuses the company of never notifying her of the change or even requesting her approval. Rogers, for its part, has issued a statement of defense in which it admits to consolidating the invoices, but maintains that it can't be held responsible for the Nagys' tenuous marriage... or for the consequences that unfolded thereafter.
After her husband left her and her two children, Nagy says she was so distraught, she lost her well-paying job in real estate and was forced to seek medical attention. As she says, "I lost everything... I trusted Rogers with my personal information. We had a contract -- an agreement that put my life right in their hands." From a contractual perspective, Rogers probably should've notified her of the change in policy. But blaming the provider for Nagy's shattered life is a quantum leap we're not going to make. Did she get a bad break? Perhaps. Is her life unbearable? By her account, yes. But we're pretty sure that pointing fingers in a pathetic attempt to squeeze out some extra cash isn't the best way to go about starting over. [From: Toronto Star; via: Geekosystem]
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Comments
105
Subscribe to commentsaimeeMay 18th 2010 6:56AM
YES, they screwed up, no matter who she was screwing, Rogers screwd up......she had a contrectwith them, then another contract with them and her husband...Rogers screwed up....they should pay....
earrings2May 18th 2010 2:10PM
Did Rogres force her to sleep around? Are you nuts? She screwed up, she got caught. It's all her fault. Sounds like you have some guilty feelings you are trying to deny.
rwa325May 18th 2010 2:43PM
What cereal box did your law degree fall out of?
GloriaMay 18th 2010 2:58PM
he didnt leave his kids they are hers and she should not have blames someone else for her own actions.
King DavidMay 18th 2010 4:20PM
Sorry earrings2 -- the ISSUE is the contract, not your stupid assed comment -- sounds like you're dealing with some "sour grapes"!!!
HollyMay 18th 2010 4:50PM
My 1st question would be did she sign the contract with her maiden name or her legal married name? My 2nd would be what expectation of privacy from her husband did she expect even if the cellphone company did mail the bill to her home in her maiden name (which incidentally is also her husband's)? If he saw a cellphone bill come in the mail with her maiden name on it, wouldn't he wonder what the heck was going on and open it? I think most men would. What if he discovered the cell phone and hit last number called? The cellphone company didn't cause her to lose her job and her medical bills, what for? a shrink? She had no reasonable expectation of privacy in any case. She's a moron and didn't even do what most cheating husbands do, have the bill sent to the office. She worked in a real estate office and I'm sure could get incoming mail. By the way, where is loverboy? She shouldn't get a dime.
JillMay 26th 2010 4:32PM
Do you seriously think this would be an issue if she hadn't been cheating on her husband?
What about her contract with her husband? Or do marriage vows not count?
bluMay 27th 2010 8:45PM
I AGREE! I don't believe it's relevant what she did; she had a contract with them and THEY breeched it. They're negligent and responsible for any problems as a result. Doesn't mean she's not an adultress but...
wendy445yMay 18th 2010 10:42AM
Gabriella Nagy should be held ~ Accountable ~ for her own actions and ~ Accept ~ Responsibility ~ of the ~ consequences. Our greatest assets are self-esteem, emotional intelligence, and of course, reputation. How will future employers view this? Clearly, Gabriella Nagy is the authour of her own misfortune! Rogers Wireless Inc. did not cause her to enter into the extra-marital affair(s), they could not control the extra-marital affair(s), nor could they cure the extra-marital affair(s). If only, Gabriella Nagy's mind and mouth were equipped with a filter!
jmcglynnMay 18th 2010 5:23PM
Two problems here...
1. Why would she use the same mobile company? If she really wanted to protect her identity she should have gotten a prepaid phone from a different carrier. Serioulsy, would a bill in her maiden name prevent him from opening it?
2. The husband left the kids too? It's guys like him that give fathers a bad name. If a cheating wife isn't just cause for taking custody, I don't know what is.
Sadly, by the fact that this guy didn't take the kids with him is a sign that he left his marriage and his family long ago... he just hadn't moved out of the house yet. Yes, the mobile company breached it's agreement with the woman, but they shouldn't have to pay for the mismanagement of their marriage.
pate281May 18th 2010 2:18PM
A contract is a contract, and Rogers Wireless, for their own convenience and to save a stamp, broke the agreement. How would you feel if your cell phone bill was sent to your neighbor? Or your co-worker? Or your boss? Or, how about if your credit card bill was sent to your boss, spouse, co-workers, etc.? Privacy laws are in place for a reason. I think Rogers should be held accountable for their actions. This isn't about the plaintiff cheating on her husband -- it's about honoring a contract. Think about it.
silentpassion012aol.comMay 18th 2010 4:14PM
But she also is guilty of breech of marriage contract.
King DavidMay 18th 2010 5:16PM
How does it feel to be one of the ONLY two who understand "contract law"?? I'm laughing at how these broads are all coming out of the woodwork and venting about how their ugly selves were cheated on so they think they can put their venom into the REAL ISSUE -- CONTRACT LAW and what was AGREED TO AND SIGNED FOR --- PERIOD!! The rest of these malcontents should seek counseling --- IN A HURRY!!!!!!
RonMay 18th 2010 7:47PM
My boss, my neighbors, and my co-workers do not live at my address.
Maybe the dumb broad should have had her cell phone bills sent to a PO box or her lovers address.
Just proof that there is no cure for stupid. Besides, now she can spend all her time with her lover. She wanted the affair and now she is stuck. She is an adult and decided to fool around. She got caught and she has to suffer the consequences of her own actions.
Kim ConroyMay 18th 2010 2:21PM
I took business law in college. My understanding of contract law is that a contract between two parties is legally binding unless there was a seperate agreement by both parties to change the terms of the original contract. If she did not receive any notification of changes and allowed to act on them to her detriment, unfortunately the company should be ordered to pay up. However, there could be a clause in the contract that states that the company, without notification to the other party could modify and change the terms. If she signed it, then the company would not have to pay. Morals of the individual parties do not play into it.
bkwormsjvMay 20th 2010 3:17PM
Well said. However, even if the phone company has to pay damages for breach of contract, they could substantially argue that she is asking for an excessive amount. Like you said, the exact situation in which she ended up is separate from her contract with the phone company.
NonaMay 18th 2010 4:00PM
If you had actually taken a course in business law then you would realize that Rogers could not possibly be responsible for the breach of contract that this woman had perpetrated with her own husband. Maybe Rogers should be assessed a small fine or something, but Nagy's claim that they are responsible for her being found out as a cheater is ludicrous. This mess of "Waaaah! I screwed up my life and somebody else has gotta pay!" crap is getting way out of hand.
LynnMay 18th 2010 7:12PM
Yes, that's the gist of contract law and although Rogers did breach it by consolidating her bill with the family plan and sending her bill without her permission, it highly rises to the level of $600,000 in damages! If she was not having an affair then it would have been a non-issue, but becauase she was caught committing adultry and breaking her marriage vows [marital contract] she wants to place the blame on Rogers for something they did not commit!?! If I was a juror I would give her $200 for the unauthorized bill consolidaton and tell her to take full responsibility for the affair.
tom hammondMay 18th 2010 2:27PM
HA! What comes around goes around. If U can't do the time... a prepaid cell phone would have preempted this discovery fiasco. How anyone could have an affair and not expect consequences is beyond reason.
One should always rememeber Murphy's Law. anything that can go wrong will go wrong. I say that Murphy was an optimist.
AmaecookMay 18th 2010 2:22PM
Gabrielle's husband trusted her. Should he sue her? Grow up and acknowledge that, if your marriage is over, it's because you cheated on your spouse not because he was sent the evidence by your cell phone provider.