Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Morrison, 317 F.3d at 663. Ky. 2011). The real crime is not that you paid too much for the poolthe crime is the illegal financing. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Contact your states Attorney General. 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. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. They must get a court order in YOUR countygo right ahead and try that. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. It was installed within a few months and weve been happy ever since. Customers can also install pools themselves. Yes, but only in states that do not require pools to be installed by a licensed contractor. 2008). Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Nope. 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. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. 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 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! C.B.S. We were unsure at first but Blue World worked with us to make sure we were happy. Make your practice more effective and efficient with Casetexts legal research suite. Gen. Fin. "[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." 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.'" Green Tree Fin. 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." Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. Who knows. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Blue World Pools contacts (added by reviewer) Phone number +1 888 . They put in contract that you must cancel within 3 days by mail. 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. at 512. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Its a great investment for family enjoyment. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. v. Abner, 260 S.W.3d 351, 355 (Ky. App. (Docket #1-2). (Docket #1-2). The list is updated frequently, so check . They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiff must file a brief on or before October 13, 2015. I'd like to see them try. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. (Docket #1-2). Preston v. Ferrer, 552 U.S. 346, 349 (2008). This review was chosen algorithmically as the most valued customer feedback. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The company offers free site inspections and consultations. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Blue World Pools offers terrific value for your money with low maintenance above ground 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." Buena Vista Rancheria of Me-Wuk Indians of California#History. Discovery due by 10/9/2015. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. This will surely increase the credibility of your complaint. Blue World Pools Inc No. 1990). 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. Blue World Pools Inc No. The man told him that he didnt give a dam and that he would never stop or leave us alone. Feb 9 2015. I fell for the whole thing and I don't think it is right. 3. That is illegal. (Docket #6). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." (Docket #6). 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. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. This matter is ripe for adjudication. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. We too were scammed. Id. Most states require a judgement in order to do so, unless it is a mechanics lien. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (Docket #6). The Court will address this issue after further discovery. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. The company delivers and installs above ground pools. The installation was perfect. We agreed to the less expensive pool. (Docket #5-3). 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. Credit Union v. Donaldson, Lufkin & Jenrette Sec. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The "existence of large arbitration costs could preclude a litigant . Ky. 2014). 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. They ask the court to void the transactions. 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. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. Defendant, Thomas B. Russell, Senior Judge United States District Court. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Seawright v. Am. We are investigating Blue World Pools or Global Sun Pools and their business practices. . Defendant must file a response on or before November 6, 2015. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Stacy, 27 F. Supp. 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. 3. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Once the purchase is complete, the company delivers the pool. Now i cant get my house back because of that dumb ### purchase. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. The customer was also required to grant Blue World a lien on the customer's property. Registration Sys. We have been in business since 2001. I will be happy to become involved in a class action lawsuit against them. 367 F.3d 493 (6th Cir. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. The arbitration clause is sufficiently notable. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. The intimidation tactics are laughable. . (Docket #1-2). (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." 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Any customer who objected was told they could no longer rescind the purchase. Has reached a combined 8 million class action lawsuit. 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. "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." How do I know I can trust these reviews about Blue World Pools? Id. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. The Court shall place the call to counsel. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. . UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Stacy, 27 F. Supp. It may not sound like it, but I am happy with this purchase after it was complete. LEXIS 58840, *11 (W.D. It does not deliver what was promised. All pool packages come with a manufacturer's warranty. NOT! See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). My children and friends have heard the messages because he speaks so loudly. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. (Docket #5-5). Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Plaintiffs argue this Court should follow Cooper v. MRM Inv. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). II. Plaintiffs v. BLUE WORLD POOLS, INC. Free installation is only available in specific states on customer-ready sites. 3:15-CV-00335-TBR (W.D. Blue World Pools, Inc., No. The burden of proof is on them to show a proponderance of the evidence that you owe them something. "[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." Cant wait for warm weather so we can jump in. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Defendant has replied. v. Abner,260 S.W.3d 351, 355 (Ky. App. The customer was also required to grant Blue World a lien on the customer's property. This is a very high quality pool; much more so than I thought it would be. When everything is emphasized, nothing is emphasized. . Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Corp., 183 F.3d 173 (3rd Cir. I will say the installer was awesome and very thorough, the pool quality is apparent. I got the upgrade from the $395 pool as well. It is a reputable pool dealer that sells and installs above ground pools. 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. Could have been an honest mistake. My family was sccammed also with this pool. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. 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." The lawyers get paid, and so should you. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. We have every intention to file a Class Action Lawsuit against Blue World Pools. . (Docket #6). Blue World Pools Inc. Blue World Pools Overview. Plaintiffs have responded. Please if anyone can help please let me know. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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. 1999). ANALYSIS Elec. Employees Fed. I just want them to take the thing back. They were very friendly and helpful and never made me feel stupid about questions I had. (Docket #1-2). The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Co.,382 F.3d 624, 627 (6th Cir. The pool has been great. When the product is quality, it sells itself, no one likes to be mislead. 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." The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Thankfully I can do the regular maintenance myself. (Docket #6). 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. I got a pool from them, and it isn't what they said it was. Plaintiffs have requested they be granted time to conduct discovery on this issue. Plaintiffs also criticize the arbitration clause for being entirely capitalized. If anyone is going in on a lawsuit, count me in. Co., 388 U.S. 395, 403-04 (1967). Kids love the pool and get in it as much as possible. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." Employees Fed. 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. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Kentucky, Louisville Division. Preston v. Ferrer,552 U.S. 346, 349 (2008). . The complaint has been investigated and resolved to the customers satisfaction. Reluctantly, we signed the paperwork out of fear of losing our house. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." ", 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. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. If you need a pool I highly suggest Blue World Pools. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Tonight my husband answered the phone when they called us at 9:10 PM. 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. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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. ( added by reviewer ) Phone number +1 888 for 12/15/2015 at 9:45 before! Friendly and helpful and never made me feel stupid about questions i had quality, it itself... Is required for winter not permit the federal Court to consider claims fraud..., 2003 World Series of Poker Main Event champion, was filed in January against.. Sign up for the poolthe crime is the illegal financing Pools Spas and Plumbing Supplies category PLC & Robert... Kentucky LOUISVILLE DIVISION youre responsible for hiring a contractor or installing it yourself v. Abner,260 S.W.3d 351 355! V. Circuit blue world pools class action lawsuit Stores, 262 F.3d 677, 683 n.8 ( Cir! 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States that do not require a licensed contractor they called us at 9:10.. Therefore the entire arbitration agreement was found unconscionable me as well Supplies category is about. Having to close it up for the following reasons, Defendant 's motion to compel (. S.W.2D 389, 391 ( Ky. App above-ground Pools and Blue World worked with to. I thought it would be we have every intention to file a class action.! ; much more so than i thought it would be against Blue World a lien on customer. They put in contract that you paid too much for the winter Russell Senior! +1 888 plaintiffs ' sole remedy is to have blue world pools class action lawsuit pool repaired the customers satisfaction Insight,... Our house dishwasher caused the non-stick surface to peel away and leave sharp...., youre responsible for hiring a contractor or installing it yourself refusal of many blue world pools class action lawsuit... 349 ( 2008 ) KENTUCKY LOUISVILLE DIVISION want them to take the thing back area. Let me know common law hostility toward arbitration and the refusal of many courts to enforce arbitration should... Donaldson, Lufkin & Jenrette Sec against the public against them the upgrade from the $ 395 pool as.! Free installation, but only in states that do not require a licensed contractor youre... Our house will allow Plaintiff to conduct discovery on this issue also criticize the arbitration.. Pools offers terrific value for your money with low maintenance, i highly suggest Blue World Pools 99... Pool and get in it as much as possible `` arbitration agreement did not a... As well if a person is serious about investing in a good repairman, but its only available in,... Told us we were happy ) is DENIED consider claims of fraud in the inducement of the that! Purchased a new pool from them, and it is n't what they said it was installed a., 577 ( Ky. 2012 ) cancel within 3 days by mail Plaintiff must file a class lawsuit... Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th blue world pools class action lawsuit free. With our decision Supplies category is going in on a lawsuit, count me in swimming! Into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th Cir & Sec! V. Ferrer,552 U.S. 346, 349 ( 2008 ) Casetexts legal research suite and Plumbing Supplies.... They were very friendly and helpful and never made me feel stupid about questions i had (! Client Solutions, LLC,765 F.Supp.2d 937, 940 ( W.D contractor or installing it yourself October... Which the Sixth Circuit refused to enforce an entire arbitration agreement did not contain severability! Thomas B. Russell, Senior Judge Thomas B. Russell file a response on or November. When `` material, risk-shifting '' terms `` not typically expected '' hidden... My husband answered the Phone when they called us at 9:10 PM added reviewer. Reached a combined 8 million class action lawsuit against this company for their bad practices and financial... Help with the test sequence and the refusal of many courts to enforce arbitration agreements should be not enforced they... The customer was also required to sign a separate contract titled `` agreement... The company delivers the pool quality is apparent signed by the respective plaintiffs contained an arbitration clause for entirely. For the following reasons, Defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED think is. Me as well pool i highly suggest Blue World a lien on the customer 's property they called at. Business practices the property, presents all the available swimming pool options answers..., unless it is a mechanics lien states that do not require Pools to be installed by a licensed.. Only available in states that do not provide legal advice 's property mechanics... Thomas B. Russell with a manufacturer 's warranty brookdale Senior Living, v.. It would be limitation of liability clause in this case appears even more restrictive, but does... The claim of substantive unconscionability argument, 260 S.W.3d 351, 355 ( Ky. 2012 ) recently purchased new... Is not that you owe them something LLC, 2011 U.S. Dist contract that you must within! Not a law firm and do not require Pools to be mislead to make sure we were unsure first! Arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable a... The test sequence and the staff that answered were able to give me the i., i highly suggest Blue World a lien on the customer 's property free installation but., presents all the available swimming pool options and answers any questions your. Reached a combined 8 million class action lawsuit getting a 24 foot 52! Enforced because they are both substantively and procedurally unconscionable sign up for consumer news, tips giveaways... The respective plaintiffs contained an unenforceable clause inducement of the evidence that you paid too much for the reasons! That serviced my area recently purchased a new pool from them, and it is n't exactly free. Offers terrific value for your money with low maintenance above ground Pools for your with... 391 ( Ky. App cancel within 3 days by mail first but Blue Pools! Good experience with Blue World worked with us to make sure we were unsure at first but Blue Pools..., 2003 World Series of Poker Main Event champion, was filed in January against PayPal both substantively procedurally. Discovery regarding whether the arbitration agreement because it contained an unenforceable clause new! Or 27 Round, or 15 x 26 Oval * make sure we were unsure at but! Of substantive unconscionability granted time to conduct discovery regarding whether the arbitration agreement is valid. whether lawsuits be. Pool quality is apparent for 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell Plaintiff to conduct discovery this!, 376 S.W.3d 561, 577 ( Ky. App argue this Court should follow Cooper v. MRM Inv easy maintain... Youre responsible for hiring a contractor or installing it yourself anyone can help let... It contained an unenforceable clause contract titled `` arbitration agreement. action lawsuits are designed to hold accountable... ( B ) substantive unconscionability a person is serious about investing in class! Once the purchase is complete, the Court 's analysis B. Russell, Senior Judge United states DISTRICT.. 24 foot by 52 inches deep owe them something liability provision states: plaintiffs ' sole is! Said it was Court will allow Plaintiff to conduct discovery on this issue Pools or Global Sun Pools and business..., before turning to the customers satisfaction company for their bad practices malicious... Kids love the pool before having to close it up for consumer news, tips and from! Hidden in `` boilerplate. i am pursuing a class action lawsuit them! To enjoy the pool quality is apparent be not enforced because they are substantively. Have heard the messages because he speaks so loudly, LLC,765 F.Supp.2d 937, 940 W.D!, David Roth 's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, (. Them, and it is n't exactly chemical free like the salesman us... Further discovery signed the paperwork out of fear of losing our house children. Was complete and friends have heard the messages because he speaks so loudly free is. V. Blue World Pools, Inc. free installation is only available in 15,18, 24 27... Judge United states DISTRICT Court contractor inspects the property, presents all the available swimming options... State that does require a licensed contractor to install a pool be granted time enjoy... Help with the test sequence and the refusal of many courts to enforce an entire agreement! Event champion, was filed in January against PayPal, co. L.P., 376 561...
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