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ARTICLE · 05 NOVEMBER 2013

Damages Granted For Privacy Violations Are On The Rise

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Last week, the Honourable Mr. Justice Phelan of the Federal Court awarded over $20,000 in damages following a privacy violation in Chitrakar v Bell TV, 2013 FC 1103.

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Last week, the Honourable Mr. Justice Phelan of the Federal Court awarded over $20,000 in damages following a privacy violation in Chitrakar v Bell TV, 2013 FC 1103.

On December 1, 2010, Chitraker, a first-time Bell Customer with no credit history with Bell ordered a satellite television service. The service was installed on December 31, 2010 at which time Chitraker was required to provide his signature on a Proof of Delivery Device. After the service was installed, Chitraker eventually ordered his credit report at which time he learned that Bell had accessed his credit history on December 1, 2010, without his consent. The type of credit check done by Bell was a "hard pull", and a concentration of a number of these "hard pulls" within a certain time frame may negatively affect an individual's credit score.

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