2008). See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. (Docket #5). Listed below are those cases in which this Featured Case is cited. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Gen. Fin. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. We too were scammed. My family was sccammed also with this pool. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Blue World Pools, Inc. stands by the product, installation, and warranty. Also, did you sign an installment agreement with the required true interest cost? I was sold on the pool. (Docket #9). Its a great investment for family enjoyment. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. 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"). Servs., Inc.,507 F.3d 967, 972 (6th Cir. 2001), vac'd by 294 F.3d 1275 (11th Cir. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! 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. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Elec. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. The salesman was out within a week and we signed the contract. 3. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." (Docket #6). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Kentucky, Louisville Division.https://leagle.com/images/logo.png. CIVIL ACTION NO. Bell Tel. LEXIS 58840, *11 (W.D. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." (Docket #9). . Preston v. Ferrer, 552 U.S. 346, 349 (2008). The man called my husband a liar, told him to give him a break, yelled at him. (Docket #5-5). . Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Class Action, Mass Tort and Multidistrict Litigation 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. My wife and I reject their offer. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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 . I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Defendant must file a response on or before November 6, 2015. this is not a pool for that much money. We have been in business since 2001. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. I am very blessed now to have a BWP and it has been a great investment. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Ky. 2014). - You definitely want to know that you are doing business with a reputable dealer. I would like to join you guys on a lawsuit. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. at 512. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Plaintiffs v. BLUE WORLD POOLS, INC. Our content is intended to be used for general information purposes only. C.B.S. Can they put a lien on your house? If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. ComplaintsBoard.com is a leading complaint resolution website on the Internet. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. (Docket #6). My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. My children and friends have heard the messages because he speaks so loudly. 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.'" . The "existence of large arbitration costs could preclude a litigant . Once the purchase is complete, the company delivers the pool. Id. 128 reviews of Blue World Pools "WORST company EVER! "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." v. Abner, 260 S.W.3d 351, 355 (Ky. App. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. "[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.'" at 491. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. . "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. Could have been an honest mistake. Your choice. "When reviewing for substantive unconscionability, consideration is given to 'the commercial reasonableness of the contract terms, the purpose and effect of the terms, the allocation of the risks between the parties, and similar public policy concerns.'" (Docket #6). The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. Co., 382 F.3d 624, 627 (6th Cir. the steps are damage and the pool become an pain to handle. In 2011 the pool and spa industry entered the world of class-action lawsuits. (Docket #6). Masco Corp. v. Zurich Am. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. I want to sue these people and do not know how. Attorneys. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Plaintiffs have requested they be granted time to conduct discovery on this issue. 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. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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. (Docket #9). - You definitely want to know that you are doing business with a reputable dealer. 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. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. For more information about reviews on ConsumerAffairs.com please visit our Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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." It is a single page. Give pool pricing write up contract. (Docket #1-2). The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. It was set up a few days ago and I am so happy with it. 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. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." 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. This review was chosen algorithmically as the most valued customer feedback. Plaintiff must file a brief on or before October 13, 2015. 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. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Id. 9 U.S.C. We agreed to the less expensive pool. Id. (Docket #1-2). I decided to check it out and the sales rep was awesome. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. 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." Make your practice more effective and efficient with Casetexts legal research suite. This program is a way businesses can turn negatives into a positive. Holifield v. Beverly Health & Rehab. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. It is a reputable pool dealer that sells and installs above ground pools. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 1959) ("one who signs a contract is presumed to know its contents"). (Docket #1-2). Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . 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. How do I know I can trust these reviews about Blue World Pools? Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." We tried to call them and make arrangements at first they would do nothing. A link has directed you to this review. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Cant wait for warm weather so we can jump in. 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. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Defendant must file a response on or before November 6, 2015. (Docket #6). It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. (Docket #6). www.wspa.com ( pool complaints ) United States District Court, W.D. The Court shall place the call to counsel. Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Plaintiffs also criticize the arbitration clause for being entirely capitalized. . Do not buy from this company! Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Bought a 24 foot round pool. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Abner, 260 S.W.3d at 355. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. They just did and said OH WELL. (Docket #5). 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). at 491. . Corp., 912 F.2d 1563, 1567 (6th Cir. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Registration Sys. Ky. 2014). See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). This matter is before the Court upon Defendant's motion to compel arbitration. 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. Plaintiffs v. BLUE WORLD POOLS, INC. Louisville Bear Safety Serv. In your case either as a gesture of good will or in order to avoid a lawsuit. Not as many as a regular pool, maybe, but chemicals anyway. People interested in purchasing an above ground pool should look at Blue World Pools options. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. . In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. (Docket #1-2). The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. just let me know. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. Green Tree Fin. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 367 F.3d 493 (6th Cir. From the time I made an appointment with the sales rep I was so skeptical. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. They are just scaring you into letting them continue to rob your bank account. Doubtful. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. I was so happy with the service!! He was very professional and knowledgeable and answered all my questions and concerns. 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." Id. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 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." They must get a court order in YOUR countygo right ahead and try that. Louisville Bear Safety Serv. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. (Docket #6). cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. She measured where the pool would go and where I wanted it to go. 2001). no loan agreement and you not acknowledging a debtforget it. The customer was also required to grant Blue World a lien on the customer's property. My family loves it. 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." File a complaint to Blue World Pools. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." He never says that this is an attempt to collect a debt. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. 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. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. They call our cell phones, house phones and my work phones. Some of the contracts have Truth-In-Lending Act (TILA) violations. Co.,388 U.S. 395, 403-04 (1967). Nope. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. But after buying one and having it installed, I can see why the price must be where it is. 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." Brookfield Asset Management#Birch Mountain class action. (Docket #6). Has reached a combined 8 million class action lawsuit. I hope this helps you because you are not alone. Defendant has replied. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. Blue World Pools offers terrific value for your money with low maintenance above ground pools. The installers were prompt and professional, and the materials themselves are excellent. This is the 2nd pool I have had installed by Blue World Pools. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. I would recommend them to anyone! Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." Thankfully I can do the regular maintenance myself. 3:2015cv00335 - Document 10 (W.D. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. Stacy, 27 F. Supp. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Submit a complaint and get your issue resolved. bears the burden of showing the likelihood of incurring such costs." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. 2004); Rent-A-Center, W., Inc. v. Jackson,561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). I pool ionizer is great, and even after heavy rains the water stays clear. Depending on whether or not your All-Clad had "sharp edges" after Plaintiffs argue this Court should follow Cooper v. MRM Inv. We have had many hours of enjoyment from this beautiful pool. 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"). Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Additional Time to Conduct Discovery. Id. Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import").

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