Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). - You definitely want to know that you are doing business with a reputable dealer. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Im extremely pleased with the ending results. . I got the upgrade from the $395 pool as well. 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. 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. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Reluctantly, we signed the paperwork out of fear of losing our house. They put in contract that you must cancel within 3 days by mail. The "existence of large arbitration costs could preclude a litigant . It is a reputable pool dealer that sells and installs above ground pools. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 2008). However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Plaintiff must file any reply on or before November 13, 2015. The parties shall address all issues. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. The lawyers get paid, and so should you. Id. Our stability is a result of our long-term commitment to providing value for our customers. I highly recommend Blue World Pools. . Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." v. S. Cent. at 491. LEXIS 47909 *13 (W.D. Any customer who objected was told they could no longer rescind the purchase. Copyright 2022 Consumers Unified LLC. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). We are investigating Blue World Pools or Global Sun Pools and their business practices. Classic Pools. 1985)). 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. . We have been in business since 2001. My family loves it. Thank you for choosing us! Brookfield Asset Management#Birch Mountain class action. No, Blue World Pools is not a scam. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Can they put a lien on your house? Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. "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." Price - Low to High. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. 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"). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). I think you people are missing the real crime here. 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.'" An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Louisville Bear Safety Serv. (Docket #6). "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." This matter is ripe for adjudication. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "[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." 3. Thank you, you have successfully subscribed to our newsletter! Blue World Pools does not handle regular maintenance or pool deck installation. The Court shall place the call to counsel. This matter is ripe for adjudication. 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. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. Plaintiff must file any reply on or before November 13, 2015. Kids love the pool and get in it as much as possible. Very low maintenance, as promised. 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. LEXIS 58840, *11 (W.D. They just did and said OH WELL. It may not sound like it, but I am happy with this purchase after it was complete. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. An above ground pool is a major purchase. I have been very satisfied with it and enjoying it ever since. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Please if anyone can help please let me know. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Help. 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"). Purchase a pool in 2020. Holifield v. Beverly Health & Rehab. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. (Docket #1-2). Id. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. This comment was posted by a verified customer. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 3d at 790. 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." Prima Paint Corp. v. Flood & Conklin Mfg. The Court will address this issue after further discovery. We too were scammed. 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. I was sold on the pool. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Id. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! It does not deliver what was promised. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Green Tree Fin. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. 2008). The interest rate ranged from 15% to 36%. 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. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Doubtful. Plaintiffs have responded. I would like to join you guys on a lawsuit. (Docket #6). 3:15-CV-00335-TBR (W.D. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. "[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 v. BLUE WORLD POOLS, INC. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. (Docket #6). Stacy, 27 F. Supp. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Because they will do it as long as they want. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. 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. Morrison, 317 F.3d at 663. "[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." 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. Class Action, Mass Tort and Multidistrict Litigation Our content is intended to be used for general information purposes only. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Id. "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. C.B.S. Honesty is the best policy, come on and stop the marketing schemes. They ask the court to void the transactions. After customers called to inquire about a pool Blue World would. . Mortg. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. 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." Overall great service. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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." 2004). This is ClassAction.org's current list of open lawsuits and investigations. 1990). I would recommend them to anyone! 3d 776, 789-90 (E.D. Defendant has replied. Plaintiffs have responded. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. They were very friendly and helpful and never made me feel stupid about questions I had. Ky. Sep. 11, 2015). For more information about reviews on ConsumerAffairs.com please visit our (citation and punctuation omitted). "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." He was very professional and knowledgeable and answered all my questions and concerns. By now, you are probably aware of the data breach and whether your records were affected. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." 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. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. I want to sue these people and do not know how. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. 3. Co.,388 U.S. 395, 403-04 (1967). 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. (Docket #1-2). (Docket #6). The first time they hung up on us. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Click the citation to see the full text of the cited case. no loan agreement and you not acknowledging a debtforget it. The man told him that he didnt give a dam and that he would never stop or leave us alone. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Defendant has replied. The pool has been great. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." 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." 2001) (quoting Harris v. Green Tree Fin. . I am very blessed now to have a BWP and it has been a great investment. Masco Corp. v. Zurich Am. BLUE WORLD POOLS, INC., Defendant. 2004). We are pleased that your family is enjoying your pool purchase! ANDREW ROBERTS, et al., Plaintiffs, (Docket #1-2). Co.,382 F.3d 624, 627 (6th Cir. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. See Perez v. Globe Airport Sec. We were unsure at first but Blue World worked with us to make sure we were happy. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. All Rights Reserved. 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