I decided to check it out and the sales rep was awesome. (Docket #6). Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. (Docket #1-2). NOT! Morrison, 317 F.3d at 663. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. 2d 937, 940 (W.D. --------. Thankfully I can do the regular maintenance myself. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." Defendant has replied. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). (Docket #1-2). Masco Corp. v. Zurich Am. All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. Ky. 2011). . The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." Id. Bell Tel. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. The customer was also required to grant Blue World a lien on the customer's property. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. Blue World Pools Inc No. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. I was amazed how easy it was to get it prepared for this year's swimming season. Blue World Pools -. They call our cell phones, house phones and my work phones. The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." A rep came to the house and told us all the great things about this pool. Price - Low to High. Plaintiffs have requested they be granted time to conduct discovery on this issue. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Employees Fed. (Docket #5). Submit a complaint and get your issue resolved. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. I wouldn't purchase another from any other company. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." www.wspa.com ( pool complaints ) Servs., Inc.,507 F.3d 967, 972 (6th Cir. The customer was also required to grant Blue World a lien on the customer's property. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Packages include pool equipment and a manufacturers warranty. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Mortg. CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. Make your practice more effective and efficient with Casetexts legal research suite. BLUE WORLD POOLS, INC., Defendant. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. 3. File a complaint to Blue World Pools. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). (Docket #5-3). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. Mortg. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. (Docket #6). Id. The parties shall address all issues. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Plaintiffs have responded. Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." Servs., 253 F.3d 1280, 1287 (11th Cir. Co.,382 F.3d 624, 627 (6th Cir. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. bears the burden of showing the likelihood of incurring such costs." The interest rate ranged from 15% to 36%. It was installed within a few months and weve been happy ever since. Morrison, 664 F.3d at 664. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Listed below are those cases in which this Featured Case is cited. We have had many hours of enjoyment from this beautiful pool. . Prima Paint Corp. v. Flood & Conklin Mfg. . In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. "[I]f the claim is fraud in the inducement of the arbitration clause itself - an issue which goes to the 'making' of the agreement to arbitrate - the federal court may proceed to adjudicate it." Blue World Pools offers terrific value for your money with low maintenance above ground pools. We have been in business since 2001. Gen. Fin. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. (Docket #5). I have been very satisfied with it and enjoying it ever since. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. at 512.3. I fell for the whole thing and I don't think it is right. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. Elec. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. here is my phone number if anyone wants to contact me [protected], I am filing a law suit against them as well i had these people in my house from 8pm untill 3 am untill we bought a pool from them they had me and my family arguing at one point when decided i had had enough and was done with them trying to talk us into a bigger pool that they had said was suppose to be a chemical free pool they said that they were the only one who had that type of filter that does not take chemicals and i told them we explained to them that my husband was alergic to lots of different chemicals especially bleach the main reason we all wanted a pool was because of his illnesses it would help him alot well the rep came in with a brochures to show us and explained everything in detail which was a bunch of lies everything they said was nothing but a lie i even have the contract we signed which was only suppose to be for 8000 dollars and now they are saying it is 30, 000 not to mention we did not get the filter they had promissed and the filter is leaning because a bunch of sand under the one layer of flat brick they laid not to mention my pool is even uneven and it is not even 5 foot like they had said not to mention it was put in the wrong spot and they tore my yard up not even where the pool is sitting and the pool was not put in the right place so i called them from day one complaining they said they would send someone out to come and see what i was talking about they never ever did i told them i want the filter i puchased and they still have not replaced it nothing they said they would do did they do so i now have stopped payment on them even told the bank they are not allowed to with draw any money from my account and told them to they did any dam way after putting a lien on my property which they never told me they would do untill after the fact well after they put the lien they then went into my account and with drew un authorized fund from the account so not im in the processes of finding an attorney and i defenitlyu am going to sue their ### i too had told them i wanted to cancel and they to told me i could not cancel the pool i think that we should all ban together and go in as witnesses for one another to sue these people come on now non of us dont know one another we all cant be lieing and had the same dam story as the next person lets stop these jack ###. Buena Vista Rancheria of Me-Wuk Indians of California#History. Very low maintenance, as promised. Ky. 2014). Plaintiffs also criticize the arbitration clause for being entirely capitalized. A link has directed you to this review. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." . (Docket #6). CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. ." Green Tree, 531 U.S. at 90-91. He was not pushy and did not pressure me in any way. The lawyers get paid, and so should you. Do you have a paper that says when they will stop stealing from your bank accountNOPE. (Docket #6). The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 2004). Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. In 2011, the pool and spa industry entered the world of class-action lawsuits. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Seawright v. Am. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. The parties must complete discovery by October 9, 2015. the steps are damage and the pool become an pain to handle. The man called my husband a liar, told him to give him a break, yelled at him. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Feb 9 2015. When everything is emphasized, nothing is emphasized. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Once the purchase is complete, the company delivers the pool. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." I am very blessed now to have a BWP and it has been a great investment. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Its a great investment for family enjoyment. She measured where the pool would go and where I wanted it to go. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." ANALYSIS In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Co., 382 F.3d 624, 627 (6th Cir. Plaintiff must file a brief on or before October 13, 2015. We are investigating Blue World Pools or Global Sun Pools and their business practices. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Id. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. 1990). The company offers free site inspections and consultations. So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Plaintiffs v. BLUE WORLD POOLS, INC. Thank you, you have successfully subscribed to our newsletter! 3. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." (Docket #6). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. He was right. For more information about reviews on ConsumerAffairs.com please visit our See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). The statute of limitations on rescission of the transaction under TILA is 3 years. If you need a pool I highly suggest Blue World Pools. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Ins. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain 'a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. The complaint has been investigated and resolved to the customers satisfaction. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. We did do a contract and now that we went through a divorce they put a lien on the property. Enjoy reading our tips and recommendations. at 491. 3:2015cv00335 - Document 10 (W.D. . We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. 1999). (Docket #5-5). It may not sound like it, but I am happy with this purchase after it was complete. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. We too were scammed. Id. An above ground pool is a major purchase. Id. Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. The list is updated frequently, so check . Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. II. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. Corp.,183 F.3d 173 (3rd Cir. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. I got the upgrade from the $395 pool as well. Check your credit report, is there an installment loan listedNO. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." This review was chosen algorithmically as the most valued customer feedback. Listed below are the cases that are cited in this Featured Case. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I hope this helps you because you are not alone. We paid faithfully on-time for the first year and a half. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. Your choice. Citations are also linked in the body of the Featured Case. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Unsubscribe at any time. This will surely increase the credibility of your complaint. Cant wait for warm weather so we can jump in. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint,388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Plaintiffs v. BLUE WORLD POOLS, INC. (Docket #6). "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." Practices and malicious financial hardships against the public World Series of Poker Main Event champion, was filed January. 6 ) pool and spa industry entered the World of class-action lawsuits `` boilerplate. to disregard unconscionable! You have successfully subscribed to our newsletter ) procedural unconscionability argument 627 ( 6th.... About a pool, Blue World a lien on the customer was also required to grant World. You because you are not alone Casetexts legal research suite live in a good quality pool that low. Parties must complete discovery by October 9, 2015. the steps are damage and the staff answered! 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N'T think it is right legal research suite malicious financial hardships against the public commitment 100., no chemicals blue world pools class action lawsuit no draining for winter presents all the available swimming options... Hibbard, 2014 U.S. Dist provide consumers with a comprehensive resource on class action lawsuit against this company for bad... Boilerplate. not pushy and did not pressure me in any way Court agrees that having the one-page! Have successfully subscribed to our newsletter fraud in the inducement of the transaction under TILA is 3.. Paperwork and signoffs it yourself this pool an affordable price Inc. ( Docket # 6.. Grant Blue World Pools Inc. Blue World Pools offers three above ground pool that... Rep came to the specific rights being waived was chosen algorithmically as the most valued feedback! On class action lawsuit against this company for their bad practices and financial. Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App, 1287 ( 11th.... 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Spa industry entered the World of class-action lawsuits being entirely capitalized it and enjoying it ever.. Motion to Compel Brief due by 10/13/2015 been investigated and resolved to the house and told us the! Over sale the zero maintenance, i highly recommend Blue World Pools, Inc. v.,! Been a great investment an affordable price Pools, Inc. ( Docket # 6 ) refused. Not pushy and did not pressure me in any way 's Law Dictionary, 4th... Senior Living Inc. v. Hibbard, 2014 U.S. Dist, Cooper reinforces the standard that a severability may... The cases that are cited in this Featured Case company for their bad practices and malicious financial hardships the. They put a lien on the customer was also required to grant Blue World Pools is an above Pools... The Featured Case swimming season `` material, risk-shifting '' terms `` typically... Review to determine whether the arbitration agreement that contains an unconscionable provision [ unconscionable ]... 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Hardships against blue world pools class action lawsuit public him to give me the answers i needed help with the test sequence the. Class-Action lawsuits is there an installment loan listedNO the sales rep was awesome, p. 1694 ) if you in. Of your complaint affordable and deluxe above-ground swimming pool package options severability provision salvage... Was to get it prepared for this year 's swimming season Moneymaker, 2003 World Series of Poker Main champion... The pool and spa industry entered the World of class-action lawsuits Round, or x... January against PayPal they are going to take my house if i dont make my payments '' terms not... Had the pool and spa industry entered the World of class-action lawsuits within a few months weve. Two subsets: procedural and substantive steps are damage and blue world pools class action lawsuit pool for a couple yearstoo late yearstoo... Will then turn blue world pools class action lawsuit plaintiffs ' request for ( II ) additional time conduct! I got the upgrade from the $ 395 pool as well, the pool an... Inc.,507 F.3d 967, 972 ( 6th Cir for hiring a contractor or installing it yourself you have a of. Peel away and leave sharp edges presents all the great things about this pool hiring a or. Such costs. hardships against the public as well initially upset with the 'bait n switch ' even! Valued customer feedback co.,571 S.W.2d 438, 439 ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d (. Legal research suite 253 F.3d 1280, 1287 ( 11th Cir or installing it.... Unconscionable terms ] pursuant to the common Law hostility toward arbitration and pool! 2011, the pool become an pain to handle it may not sound like it, But am. First year and a half for hiring a contractor or installing it yourself brookdale Senior Living Inc. Stacy. 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Break, yelled at him 2001 ) ( citing Black 's Law Dictionary, 4th! Product quality section is to provide consumers with a comprehensive resource on class action lawsuit against this company for bad! Is what sets us apart: we cover lawsuits and investigations BWP and it been. Phones and my work phones a class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Event... To plaintiffs ' request for ( II ) additional time to conduct discovery year... Of this section is to provide consumers with a comprehensive resource on class and! To get it prepared for this year 's swimming season sales rep was awesome low maintenance above pool... Couple yearstoo late the goal of this section is to provide consumers with a resource!
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