John F. Peoples, a 60-year-old blind lawyer from Broomall, Pa., lost his federal case in Philadelphia, Sept. 22, when U.S. District Judge Edmund V. Ludwig dismissed the claims of civil rights violations and breach of contract Peoples alleged against Discover Financial Services, and the woman he said he was paying for sex.
About 20 or so years ago, Peoples was known as the blind guy who got around Delaware County by hitchhiking. He still has not lost his self-confidence.
Peoples, in his suit, claimed he paid Ginger Dayle Productions (a Pennsylvania corporation) and New City Stage Company (a trade name) for “services” for March through November 2007 at Ginger’s apartment.
“I paid her and she had sex with me and there was an understanding that it was payment for sex,” Peoples said in deposition.
Well, Peoples said he relied on Ginger to enter agreed upon amounts on his credit card receipts and in several instances she entered larger amounts, which were charged to his Discover Card.
Ginger, btw, says the services were for physical fitness instruction and countersued Peoples saying he made sexual advances and grabbed her without permission.
There were at least 25 transactions that Peoples said was supposed to be at $275 each. He said though that in October and November he was billed for 10 of them at $1,100 and one at $1,600.
People’s told Discover that the overcharges were fraudulent but his claim was not accepted. So, hence the lawsuit against Ginger (and her corporation) and Discover which he claimed failed to live up to its fraud protection policy and to accommodate his disability as per the American With Disabilities Act and other laws.
With regard to breach of contract, Discover noted that the purchase of prostitution services is unlawful in Pennsylvania and hence was a violation of the Cardmember Agreement, a point which Ludwig accepted.
Ludwig dismissed the disability claims for a host of reasons.
And once the Discover claims were dismissed, the suit against Ginger Dayle and her countersuit against Peoples were no long a federal matter, and hence dismissed without prejudice. Theoretically they could still end up in state court.
Blind Lawyer, Sex, Credit Card Company