# "My husband caught me cheating, and is suing for a divorce - AND IT'S THE PHONE COMPANY'S FAULT!" **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [May 17, 2010, 9:03pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813 "2010-05-17T21:03:09Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [May 17, 2010, 9:03pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/1 "2010-05-17T21:03:09Z")
News item: Rogers, a major telco up here in Canada, is being sued by one of its customers. Said customer was happily carrying on an affair, while married. This being the modern age, much of the communications were done on her cell-phone, which was in her name, so the bill came to her attention. Then her husband signed up for a family package of internet and home phones, etc. with Rogers. And Rogers, _the bastards_, said to themselves, “Ah - several bills to the same household. One envelope.” So hubby opens the mail, notes several hour-long conversations with an unknown number, calls that number, and speaks to the Party of the Third Part, who admits to the affair with the Party of the Second Part. Divorce proceedings ensue. Plus, an action by the wife, against Rogers, claiming $600,000 for breach of privacy: [Woman sues Rogers after husband discovers affair](http://cnews.canoe.ca/CNEWS/Canada/2010/05/17/13973626.html). Rogers, of course, denies liability. ---
**Author:** ![MeanOldLady](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/meanoldlady/32/10737_2.png) [@MeanOldLady](https://boards.straightdope.com/u/MeanOldLady)\ **Post date:** [May 17, 2010, 9:23pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/2 "2010-05-17T21:23:24Z")
Why couldn’t they have asked if they would like the billing consolidated, rather than taking it upon themselves to create such a convenience? Don’t these places have billing preferences or something? ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 17, 2010, 9:34pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/3 "2010-05-17T21:34:28Z")
Actually, it does seem like a breach of privacy. There’s no reason for a service provider to assume that information they hold about a customer is okay to disclose to anyone who happens to live at the same address. ---
**Author:** ![Mr.Excellent](https://avatars.discourse-cdn.com/v4/letter/m/f19dbf/32.png) [@Mr.Excellent](https://boards.straightdope.com/u/Mr.Excellent)\ **Post date:** [May 17, 2010, 9:35pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/4 "2010-05-17T21:35:59Z")
> [@MeanOldLady](#): > > Why couldn’t they have asked if they would like the billing consolidated, rather than taking it upon themselves to create such a convenience? Don’t these places have billing preferences or something? Agreed. I mean, sure, the plaintiff isn’t exactly the most sympathetic here - but Rogers still treated her personal information with an remarkable casualness. Heck - I lived in a shared house for three years in law school. I usually got along quite well with my housemates, but I’d have certainly objected if they get to see my cellphone bill because we all used Verizon. ---
**Author:** ![Mr.Excellent](https://avatars.discourse-cdn.com/v4/letter/m/f19dbf/32.png) [@Mr.Excellent](https://boards.straightdope.com/u/Mr.Excellent)\ **Post date:** [May 17, 2010, 9:37pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/5 "2010-05-17T21:37:24Z")
> [@acsenray](#): > > Actually, it does seem like a breach of privacy. There’s no reason for a service provider to assume that information they hold about a customer is okay to disclose to anyone who happens to live at the same address. For that matter - if they’ve got one account at that address, and then a new account under a different name is opened, shouldn’t the appropriate default response be “ring the person with the older account, and ascertain that their address hasn’t changed”? ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [May 17, 2010, 10:05pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/6 "2010-05-17T22:05:13Z")
> [@Northern\_Piper](#): > > Then her husband signed up for a family package of internet and home phones, etc. with Rogers. This is the part, I bet, where Rogers no longer has any liability. In order for this to occur, the wife must have previously granted priviledges to hubby to authorize actions on her account, or they wouldn’t have put it all together as a family account. ---
**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\ **Post date:** [May 17, 2010, 10:26pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/7 "2010-05-17T22:26:20Z")
> [@Mr.Excellent](#): > > Agreed. I mean, sure, the plaintiff isn’t exactly the most sympathetic here - but Rogers still treated her personal information with an remarkable casualness. Heck - I lived in a shared house for three years in law school. I usually got along quite well with my housemates, but I’d have certainly objected if they get to see my cellphone bill because we all used Verizon. In most cases, the relationship between housemates is markedly different from that of spouses. Just an observation. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [May 17, 2010, 10:28pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/8 "2010-05-17T22:28:28Z")
> [@Wilbo523](#): > > This is the part, I bet, where Rogers no longer has any liability. In order for this to occur, the wife must have previously granted priviledges to hubby to authorize actions on her account, or they wouldn’t have put it all together as a family account. Possibly - but by no means sure. It’s a pretty short news account, after all, and the lawsuit looks like it’s still at an early stage. Lots of facts needed to asses whether there was a breach of privacy. ---
**Author:** ![thirdwarning](https://avatars.discourse-cdn.com/v4/letter/t/ecccb3/32.png) [@thirdwarning](https://boards.straightdope.com/u/thirdwarning)\ **Post date:** [May 17, 2010, 10:33pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/9 "2010-05-17T22:33:25Z")
> [@Wilbo523](#): > > This is the part, I bet, where Rogers no longer has any liability. In order for this to occur, the wife must have previously granted priviledges to hubby to authorize actions on her account, or they wouldn’t have put it all together as a family account. They didn’t consolidate it into a family account. Husband opened a family account: cellphone company was two separate accounts (in two different surnames, even) at one address and mailed them in one envelope. Apparently without any authorization. What made them think that just because two people share an address they also share the mail? Or the phone account? ---
**Author:** ![thirdwarning](https://avatars.discourse-cdn.com/v4/letter/t/ecccb3/32.png) [@thirdwarning](https://boards.straightdope.com/u/thirdwarning)\ **Post date:** [May 17, 2010, 10:34pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/10 "2010-05-17T22:34:36Z")
> [@Inigo\_Montoya](#): > > In most cases, the relationship between housemates is markedly different from that of spouses. Just an observation. True, but the phone company didn’t have any way of knowing they were spouses. The names were different. How did the phone company know they weren’t housemates? ---
**Author:** ![Tastes\_of\_Chocolate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tastes_of_chocolate/32/3232_2.png) [@Tastes\_of\_Chocolate](https://boards.straightdope.com/u/Tastes_of_Chocolate)\ **Post date:** [May 17, 2010, 10:37pm UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/11 "2010-05-17T22:37:00Z")
> [@Inigo\_Montoya](#): > > In most cases, the relationship between housemates is markedly different from that of spouses. Just an observation. But did Rogers know the relationship (versus guessing at it)? Even if the surnames were the same, it could be siblings, cousins, parent/child or strangers with the same last name. I guess this raises the question, does it matter what the relationship is? Does being married automatically allow the partners access to each others financial information, barring specifically signing over that right to your partner? Could I legally request a credit report for my husband’s social security number, without his permission? ---
**Author:** ![StGermain](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stgermain/32/2868_2.png) [@StGermain](https://boards.straightdope.com/u/StGermain)\ **Post date:** [May 18, 2010, 12:00am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/12 "2010-05-18T00:00:33Z")
The Family account probably had both spouses names on it, though. If that’s the case, it’s not unreasonable if both names are on the one account, two combine the bill with the other account. StG ---
**Author:** ![MoodIndigo1](https://avatars.discourse-cdn.com/v4/letter/m/e8c25b/32.png) [@MoodIndigo1](https://boards.straightdope.com/u/MoodIndigo1)\ **Post date:** [May 18, 2010, 12:03am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/13 "2010-05-18T00:03:27Z")
> [@thirdwarning](#): > > True, but the phone company didn’t have any way of knowing they were spouses. The names were different. How did the phone company know they weren’t housemates? When he was offered a family plan, the husband probably volunteered his wife’s name. Normally, this would not cause a problem. That woman should take responsibility for her actions. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 18, 2010, 12:15am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/14 "2010-05-18T00:15:45Z")
> [@MoodIndigo1](#): > > That woman should take responsibility for her actions. This really has zip-all to do with the phone company’s obligations. A service provider is obligated to protect your confidentiality, regardless of why you want it protected. Taking steps to cover up your affair can be seen as a legitimate way of taking responsibility for one’s actions. It’s not illegal, after all. ---
**Author:** ![The\_Bith\_Shuffle](https://avatars.discourse-cdn.com/v4/letter/t/ce73a5/32.png) [@The\_Bith\_Shuffle](https://boards.straightdope.com/u/The_Bith_Shuffle)\ **Post date:** [May 18, 2010, 12:31am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/15 "2010-05-18T00:31:21Z")
If her cell phone was on the family account opened by her husband, I don’t see how the phone company did anything wrong. But if her cell phone was on a separate account, they might have done something wrong. So I suspect that she has a case, which is not to say that I hope she gets a single penny from her suit. ---
**Author:** ![Jenaroph](https://avatars.discourse-cdn.com/v4/letter/j/e8c25b/32.png) [@Jenaroph](https://boards.straightdope.com/u/Jenaroph)\ **Post date:** [May 18, 2010, 12:50am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/16 "2010-05-18T00:50:26Z")
> [@MoodIndigo1](#): > > When he was offered a family plan, the husband probably volunteered his wife’s name. Normally, this would not cause a problem. And if my hypothetical non-spouse housemate volunteered my name for a family plan, should the phone company take my housemate’s word that we’re “married” or should they contact me first before tying my account to someone else’s? Agreed that her heaps o’ trouble aren’t the fault of the phone company, but they may have violated her privacy. ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [May 18, 2010, 12:51am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/17 "2010-05-18T00:51:33Z")
Much as I hate to admit it, it does sound like she has a case. I have had experience many times with trying to do something on our family utility accounts which were in my husband’s name, and told by every one that I couldn’t make any changes on the accounts because they weren’t in my name. Utility companies can’t have it both ways; you can’t refuse to make changes on a husband’s account by the wife, then turn around and make changes to a wife’s account either at the husband’s request or on your own initiative. ---
**Author:** ![Moonlitherial](https://avatars.discourse-cdn.com/v4/letter/m/4bbf92/32.png) [@Moonlitherial](https://boards.straightdope.com/u/Moonlitherial)\ **Post date:** [May 18, 2010, 2:04am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/18 "2010-05-18T02:04:01Z")
It took multiple calls to get me authorized on our joint Rogers account. They had to talk to both at the same time in order to set it up. If they did combine the bills without that authorization it would be an error rather than policy. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 18, 2010, 2:22am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/19 "2010-05-18T02:22:11Z")
> [@Moonlitherial](#): > > It took multiple calls to get me authorized on our joint Rogers account. They had to talk to both at the same time in order to set it up. If they did combine the bills without that authorization it would be an error rather than policy. Yep -my husband and I just opened a family account with Rogers - I already had an existing account with them and he was added on. We had to go into the store together, I had to sign about 27 times to authorize him to have access to my account, and I then had two follow up calls confirming that not only had I made the change to the account, but that the options he had on his phone were OK with me, and that he wasn’t going over his allotted minutes, etc. So, the husband in this story opens a family account. The woman agrees to put her name on the account ('cus my husband had to), and now she’s annoyed that he had access to her phone records? I have no idea if what Rogers did is kosher or not - hubby and I receive only one bill (which comes to me, via e-mail), and when he calls me his caller ID actually shows up as my name. Regardless, she sounds like an idiot and a liar. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 18, 2010, 2:32am UTC](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813/20 "2010-05-18T02:32:17Z")
Here’s the original story from the Star with a few more details: > **[Breaking News - Headlines & Top Stories | The Star](https://www.thestar.com/)** > > thestar.com is Canada’s largest online news site. Live news, investigations, politics, sports and the heartbeat of Toronto, Canada's largest city. [Next page](https://boards.straightdope.com/t/my-husband-caught-me-cheating-and-is-suing-for-a-divorce-and-its-the-phone-companys-fault/539813.md?page=2)