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Cell company sued for revealing affair

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Published: May 17, 2010 at 2:43 PM

TORONTO, May 17 (UPI) -- A Toronto woman suing her former cellphone service provider says the company's billing practices led to her husband finding out she cheated on him.

Gabriella Nagy said she had a cellphone account with Rogers Wireless Inc. in 2007 that was billed to her home address in her maiden name, but the company consolidated the bill with Internet and home phone service ordered by her husband, allowing him to view her call history, The Toronto Star reported Monday.

Nagy, whose lawsuit alleges invasion of privacy and breach of contract, said her husband found out about several hours-long phone calls to the same number and discovered the number belonged to a man she was seeing romantically.

The lawsuit says the provider "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."

Rogers said company officials "cannot be held responsible for the condition of the marriage, for the plaintiff's affair and consequential marriage breakup, nor the effects the breakup has had on her."

"Rogers is not the cause of these. The marriage breakup 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," the company said.

© 2010 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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