From the time I made an appointment with the sales rep I was so skeptical. Check your credit report, is there an installment loan listedNO. Blue World Pools Inc. Blue World Pools Overview. First one lasted 14 years with same original pump and sand filter! The statute of limitations on rescission of the transaction under TILA is 3 years. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . 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 Id. 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." Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Servs., 253 F.3d 1280, 1287 (11th Cir. They just did and said OH WELL. Davis v. Global Client Solutions, LLC, 765 F. Supp. Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. I decided to check it out and the sales rep was awesome. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Very competent people who sold the pool, answered the phones, and serviced the pool. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Holifield v. Beverly Health & Rehab. 2004). 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. The burden of proof is on them to show a proponderance of the evidence that you owe them something. When the product is quality, it sells itself, no one likes to be mislead. Corp.,183 F.3d 173 (3rd Cir. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Plaintiff must file any reply on or before November 13, 2015. She measured where the pool would go and where I wanted it to go. 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 #1-2). I was so happy with the service!! 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. "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. Our content is intended to be used for general information purposes only. Brazilian hair straightening#Class action lawsuits. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. I highly recommend Blue World Pools. They are just scaring you into letting them continue to rob your bank account. . Channel 7 in Georgia did an investigation you should watch it. 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." I'd like to see them try. "[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." 3d 776, 789-90 (E.D. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. 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. Green Tree, 531 U.S. at 90-91. 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. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Bell Tel. Abner, 260 S.W.3d at 355. Free installation is limited to certain states. The installation department works well with you and keeps you informed with whats going on during the process. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . A link has directed you to this review. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Enjoy reading our tips and recommendations. Ky. 2011). 2008). 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. Prima Paint Corp. v. Flood & Conklin Mfg. Even though they are a little on the expensive side I would recommend them for the quality. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." I pool ionizer is great, and even after heavy rains the water stays clear. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. LEXIS 58840, *11 (W.D. Registration Sys. 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." 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." ANDREW ROBERTS, et al., Plaintiffs, Additional Time to Conduct Discovery. Id. How do I know I can trust these reviews about Blue World Pools? Green Tree Fin. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." (Docket #1). "[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." My family loves it. at 491. C.B.S. 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. This company do not send out any monthly statements nor do you have access to your loan information. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. 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.'" "[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." "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." 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. No, Blue World Pools is not a scam. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Feb 9 2015. An above ground pool is a major purchase. My experience with BWP was great from the initial purchase up to the final installation. just let me know. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. "[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.'" Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Overall great service. Defendant has replied. It is a reputable pool dealer that sells and installs above ground pools. Honesty is the best policy, come on and stop the marketing schemes. My family and grandkids love this pool. Be the first one to find this review helpful. Price - Low to High. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. (Docket #6). [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). (citation and punctuation omitted). Elec. 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.'" I fell for the whole thing and I don't think it is right. We tried to call them and make arrangements at first they would do nothing. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. . Class Action, Mass Tort and Multidistrict Litigation Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Plaintiffs v. BLUE WORLD POOLS, INC. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. (Docket #9). At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." I have been very satisfied with it and enjoying it ever since. 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. 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." from effectively vindicating her federal statutory rights in the arbitral forum." Your choice. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. (Docket #6). This is ClassAction.org's current list of open lawsuits and investigations. File a complaint to Blue World Pools. 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. (Docket #9). See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). 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. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Id. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Id. "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." Co., 382 F.3d 624, 627 (6th Cir. Id. NOT! The installers were prompt and professional, and the materials themselves are excellent. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. 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. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 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. Co.,382 F.3d 624, 627 (6th Cir. The interest rate ranged from 15% to 36%. Share your photos and videos with others to prove the truth of your words. Stacy, 27 F. Supp. The Court will address this issue after further discovery. So, we're kind of orphaned right now. 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." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." . Id. Carson Street Suite 4925 Carson City Nevada United States of America. 2003). 367 F.3d 493 (6th Cir. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." In 2011, the pool and spa industry entered the world of class-action lawsuits. You can choose to pay in full or select a financing option. 3:15-CV-00335-TBR (W.D. www.wspa.com ( pool complaints ) Could have been an honest mistake. Blue World Pools, Inc., No. Listed below are the cases that are cited in this Featured Case. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Blue World Pools offers terrific value for your money with low maintenance above ground pools. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Defendant must file a response on or before November 6, 2015. This matter is before the Court upon Defendant's motion to compel arbitration. Thank you for choosing us! 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. Masco Corp. v. Zurich Am. (Docket #5). 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. LEXIS 76486 *20-21 (E.D. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. Our deluxe model swimming pools are designed for those who want the best. 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. We finally agreed and they were supposed to send us paperwork. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Can they put a lien on your house? Most states require a judgement in order to do so, unless it is a mechanics lien. Morrison, 664 F.3d at 664. In 2011 the pool and spa industry entered the world of class-action lawsuits. 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. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. FAQ. Credit Union v. Donaldson, Lufkin & Jenrette Sec. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. After customers called to inquire about a pool Blue World would. We sell some of the nicest quality products on the market today! v. S. Cent. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. We were unsure at first but Blue World worked with us to make sure we were happy. The arbitration clause is sufficiently notable. "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." Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." 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 Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Servs., Inc.,507 F.3d 967, 972 (6th Cir. 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"). 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"). Tonight my husband answered the phone when they called us at 9:10 PM. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 1990). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 1990). I signed the paperwork to purchase the pool. 2008). We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Ky. 2014). (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." 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." 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. 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. The salesman was out within a week and we signed the contract. CIVIL ACTION NO. 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." . ", 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. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Pools range from $399 and go up to more than $10,000. Blue World Pools -. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). United States District Court, W.D. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. It is a single page. But the pool is installed and we are enjoying it with our grandkids. Give pool pricing write up contract. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. 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. We had to close the account. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. It took them about three days to complete the job. Seawright v. Am. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Kentucky, Louisville Division.https://leagle.com/images/logo.png. Doubtful. 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. The arbitration clause is sufficiently notable. 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"). Packages include pool equipment and a manufacturers warranty. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "[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." Thank you, you have successfully subscribed to our newsletter! . Morrison, 664 F.3d at 664. Has reached a combined 8 million class action 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. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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Supp with the sales rep was awesome in the legal space for nearly decade... Some of the evidence that you owe them something the amount was 15000 more than we were at...