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Thread: Judge scolds Rogers in cellphone dispute

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    Judge scolds Rogers in cellphone dispute

    Not sure if anyone posted this or not yet. I couldn't see anything.

    Feb 23, 2007 04:30 AM
    Francine Kopun
    Feature Writer

    Hung by the fine print in its own contract, Rogers Wireless was ordered by a small claims court judge yesterday to pay $2,000 in punitive damages to an Osgoode law professor for turning off her young son's phone because she refused to pay more than $14,000 for long distance calls she never made.

    "I have come to the conclusion that Rogers hasn't been nice," said Madame Justice Pamela Thomson, in ruling that the company was in breach of contract for terminating service to the 11-year-old's phone. "The blocking of the phone caused huge stress on the family."

    Drummond bought two phones from Rogers Wireless so that she could be in touch with her son, Noah, when he took the subway to school for the first time in September 2005, only to discover just before school started that his cell phone had been shut off.

    Drummond was elated by yesterday's decision.

    "It sends out the message that this kind of behaviour is egregious and immoral," said Drummond, an associate professor at Osgoode.

    Although she has no courtroom experience, Drummond represented herself in court.

    "I am hoping Rogers takes this to heart and does some serious thinking about how they treat their customers," she said. "They exist because customers pay their bills."

    In August 2005, Drummond returned from a research trip to Israel to a message on her home phone from Rogers, saying to call them about her cellular phone use.

    She called the company's office the next day, to learn that more than $12,000 in calls had been made to Pakistan, Russia, the U.K., India and Libya while she was out of the country. It was only then Drummond realized her phone had been stolen from her home while she was away.

    She testified that her life was turned upside-down for several weeks as she struggled to right the problem.

    Rogers took the position that Drummond was responsible for paying the charges because she had not reported the phone missing. She told them she did not plan to pay the fraudulent charges, although she paid her regular charges well in advance of the due date of Sept. 10.

    Rogers shut down her son's phone on Sept. 2, arguing in court that even though payment of the $12,000, wasn't due until Sept. 10, Drummond had indicated to Rogers that she wouldn't be paying it.

    Thomson ruled Rogers was in breach of contract for failing to properly notify Drummond that an interim payment was required in such cases, as per Rogers own contract, which, Thomson pointed out, contained print so fine that a magnifying glass was required to read it.

    When Drummond sought an explanation at a Rogers outlet for why her son's phone wasn't working, she was at first told it was a hardware problem and that she had to spend $25 to have it fixed, which she did.

    Drummond was awarded punitive damages because Rogers failed to produce a witness to explain why, even after Noah's phone service was restored, the family was not notified.

    After the verdict, Rogers' lead lawyer, Joseph C. D'Angelo, of Lang Michener LLP, said he had to confer with his client to determine whether Rogers would appeal.

    "We're surprised, as we had zeroed-out Ms. Drummond's bill, had apologized and made a goodwill payment," said Jan Innes, vice-president of communications for Rogers Communications, after the verdict.

    Ted Rogers personally intervened in the case after it drew media attention in 2005. He ordered Drummond's bill wiped clean, offered a personal apology and issued a cheque for a little more than $5,000 to Drummond.

    Drummond certified it, but has never cashed it. She said she decided to pursue her case in small claims court because she wanted to make a point.

  2. #2
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    "punitive damages" ... What are we ... Living in the states or something ? Let's make a living to try to find as many ways possible to sue companies.

    She had her phone stolen (that she's responsible for) - Had those charges on it ... She made a huge stink about it ... Got everything credited back +++ goodwill credits +++ tea with Ted Rogers and yet that wasn't good enough.

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    The case is finally closed!!!

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    I don't she actually ever did have tea with Ted. Maybe that's what pissed her off

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    Maybe this was her way of showing Ted that her balls were bigger than his!

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    Ummm.. i remember this story.
    But there was no son in the story...where did he come from?

    I thought the story was this way:

    -she went out of canada.
    -her phone got stolen IN CANADA while she was away and had loads of LD charges.
    -she came back to canada and found out that her phone was stolen and had insane bills to pay
    -she threated to sue rogers and stuff and demanded that Ted has tea with her in her house (probably followed by old ppl secks)

    now, where did this "11 year old son" come from?
    Last edited by AirForceElite; 02-23-2007 at 01:33 PM.

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    i think the 11 year old son was brought into the story just to say that not only did Rogers shut off Her service, but any service associated with her account (im assuming that mommy pays her son's wireless bill). The sons service was terminated because his mother refused to pay an insane bill, and as a result this caused "Stress in the Family" because nobody had a working cellphone.

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    Um so Ted paid pennies and it's over. YAY! no more cx's saying your being sued you know. Geez.

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    Im sure her 11 year old son made $12,000 in calls to Pakistan, Russia, the U.K., India and Libya

    Hope you never have a legal problem or medical problem EE, be interesting to see who go to for help

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    hmm


    this article and small claims court,

    is not about the 12,000 but for the reason of rogers shutting of her sons cell phone with no warning etc.

    and she proved them wrong by using Rogers own " Contact " against rogers..

    Its not about the 12grand in call, though the story relates

    but THIS story is that her son had a phone, for taking the subway. etc etc, and it was shut off. with no warning or whatever.

    Good for her, stick it to the man

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    Quote Originally Posted by tiny103
    Im sure her 11 year old son made $12,000 in calls to Pakistan, Russia, the U.K., India and Libya

    Hope you never have a legal problem or medical problem EE, be interesting to see who go to for help
    That would be a crazy twist if they reviewed that line, and it showed 5 or 6 calls to those countries, and then, 3 or 4 calls to his friend's house......

    But,then again, I don't think a 11 year old boy would be making calls there. Just can't see that happening. Why would he be calling there anyways??? Doesn't really make sense IMO.

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    Wirelessly posted (The Eliteness: Mozilla/5.0 (SymbianOS/9.1; U; en-us) AppleWebKit/413 (KHTML, like Gecko) Safari/413 es70)

    Man, some of you guys are so anti-customer it's not even funny. You don't even know the whole story lol.

    Then, if it happened to you, you'd be here b***hing and complaining....
    Last edited by JP; 02-23-2007 at 03:57 PM.
    All thoughts and opinions expressed are strictly my own.

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    I remember reading about this also, apparently the phone was left in a cab at the airport. So I guess the phone was passed around from cabby to cabby lol

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    Excellent job!

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