I dont think this should be entertained, I wish there was some sort of penalty for even bringing cases like this, both for the law firm and their client. I'd say if there was there'd be a lot less of this, personal irresponsibility may not disappear as a result but at least the people trying to get money on the back of it would be driven broke.
The company obviously did something wrong. The woman's cell phone account was personal, solely hers and was in her maiden name, while the other services were solely in the name of the husband. What the phone company did was no different than sending two roommates one bill combining their services without permission. They probably broke some kind of privacy rule.
It's very different because they were married, legally the same person, not just two roommates. Did they know that? Probably not. But it doesn't change the fact that once she sets foot in court seeking damages, the fact that she was married eliminates her expectation of privacy. If your roommate opens your mail it's a big deal, if your spouse does, not so much. I reiterate, even if they didn't fuck up, nothing was stopping him from one day deciding to open her separate bill himself. Nothing at all. Her argument is baseless.
Originally Posted by marmalade.sunrise
Personal responsibility ftw.
One of the few times it actually applies unequivocally.
It it were the US, this would be a violation of CPNI regs. Not sure about Canada and their rules for telecom, but the national laws in Canada are stronger than the US, so yeah, this is likely a violation of law. I can't imagine why it is so "unprecedented" as the article states because this kind of thing happens with the telcos all the time.
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It's very different because they were married, legally the same person, not just two roommates. Did they know that? Probably not. But it doesn't change the fact that once she sets foot in court seeking damages, the fact that she was married eliminates her expectation of privacy.
Actually, it's not different at all. You admit yourself that the phone company probably didn't know they weren't roommates. Isn't that the crux of the issue? The phone company combined the accounts of people with different surnames but the same address. That's a breach of privacy.
I don't know where you are getting the idea that when you are married you are legally the same person. Does that mean that if I'm married and my wife has a driver's license but I don't I can drive? Does it mean that if I'm a doctor my wife can prescribe medicine? If my wife is convicted of a crime, do I go to jail? Your argument doesn't hold up.
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