Thank you, you have successfully subscribed to our newsletter! The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Our stability is a result of our long-term commitment to providing value for our customers. 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. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Id. File a complaint to Blue World Pools. Attorneys. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Id. I am very blessed now to have a BWP and it has been a great investment. United States District Court, W.D. Reluctantly, we signed the paperwork out of fear of losing our house. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. 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. (citation and punctuation omitted). 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. (Docket #6). Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Mortg. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. We had to close the account. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). (Docket #6). Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Conseco Fin. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. Class Action, Mass Tort and Multidistrict Litigation Now i cant get my house back because of that dumb ### purchase. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. The first time they hung up on us. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. 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. Our content is intended to be used for general information purposes only. 367 F.3d 493 (6th Cir. 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. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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. This is ClassAction.org's current list of open lawsuits and investigations. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). This matter is ripe for adjudication. The intimidation tactics are laughable. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Plaintiff must file a brief on or before October 13, 2015. The interest rate ranged from 15% to 36%. We are pleased that your family is enjoying your pool purchase! 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"). 3. (Docket #6). As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. (Docket #5-3). Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. Thank you for choosing us! also, they tried to pull money out of our account after we told them not too. NOT! For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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"). Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 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. from effectively vindicating her federal statutory rights in the arbitral forum." However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. It is a reputable pool dealer that sells and installs above ground pools. 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 pump is very strong and keeps the pool clean. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). (Docket #6). The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. She measured where the pool would go and where I wanted it to go. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. The Court will address this issue after further discovery. 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 Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. (Docket #1-2). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. The company delivers and installs above ground pools. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Also, did you sign an installment agreement with the required true interest cost? I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 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. v. Abner, 260 S.W.3d 351, 355 (Ky. App. Buena Vista Rancheria of Me-Wuk Indians of California#History. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." (Docket #5-5). Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Financing options are available on Midline and Classic pool models. Unsubscribe at any time. I decided to check it out and the sales rep was awesome. 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. Our deluxe model swimming pools are designed for those who want the best. LEXIS 58840, *11 (W.D. They were very friendly and helpful and never made me feel stupid about questions I had. 9 U.S.C. 2001), vac'd by 294 F.3d 1275 (11th Cir. just let me know. Free installation is only available in specific states on customer-ready sites. This comment was posted by a verified customer. 9 U.S.C. 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. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. 1959) ("one who signs a contract is presumed to know its contents"). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. (Docket #6). The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 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. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Submit a complaint and get your issue resolved. 1985)). Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. "[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." MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. An above ground pool is a major purchase. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Blue World Pools -. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Green Tree Fin. Morrison, 664 F.3d at 664. Additional Time to Conduct Discovery. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. . You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . (Docket #9). Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. 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." I would recommend them to anyone! Seawright v. Am. v. S. Cent. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Id. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. The Newsletter Bringing the Legal System to Light. 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. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. (Docket #1-2). "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. The company offers free site inspections and consultations. Masco Corp. v. Zurich Am. 2002). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Blizzard Entertainment#StarCraft privacy lawsuit. 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. Id. 3d at 790. . 2d 937, 940 (W.D. I hope that there are no issues and that the warranty does not jerk me around if ever needed. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. v. Abner,260 S.W.3d 351, 355 (Ky. App. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Stacy, 27 F. Supp. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. LEXIS 58840, *11 (W.D. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Preston v. Ferrer, 552 U.S. 346, 349 (2008). 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. Doubtful. They must get a court order in YOUR countygo right ahead and try that. 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 class action lawsuit. The installers were prompt and professional, and the materials themselves are excellent. This is the worst I ever seen, this rep come to me, and make it all sound good. Kentucky, Louisville Division. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Servs., 253 F.3d 1280, 1287 (11th Cir. Id. I pool ionizer is great, and even after heavy rains the water stays clear. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Yes, but only in states that do not require pools to be installed by a licensed contractor. If anyone is going in on a lawsuit, count me in. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. LEXIS 47909 *13 (W.D. "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.'" Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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. (Docket #6). 2003). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. ." Blue World Pools -. Employees Fed. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Do not buy from this company! Plaintiffs v. BLUE WORLD POOLS, INC. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. They ask the court to void the transactions. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. . The installation department works well with you and keeps you informed with whats going on during the process. Thankfully I can do the regular maintenance myself. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. 2008). Could have been an honest mistake. This will surely increase the credibility of your complaint. C.B.S. 1999). Credit Union v. Donaldson, Lufkin & Jenrette Sec. This matter is ripe for adjudication. In your case either as a gesture of good will or in order to avoid a lawsuit. . Contact your states Attorney General. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). 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." Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Price - Low to High. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." Plaintiff, represented blue world pools class action lawsuit Aaron J. Bentley, Craig Henry PLC & James Robert Craig, Craig PLC! 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