blue world pools class action lawsuit

The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Plaintiffs also criticize the arbitration clause for being entirely capitalized. Registration Sys. . (Docket #6). In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. It may very well be the first anti-trust class action in the industry. Listed below are the cases that are cited in this Featured Case. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Blizzard Entertainment#StarCraft privacy lawsuit. You have to use algaecide, and other chemicals as well. Citations are also linked in the body of the Featured Case. Plaintiffs v. BLUE WORLD POOLS, INC. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. 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." Credit Union v. Donaldson, Lufkin & Jenrette Sec. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 2008). Depending on whether or not your All-Clad had "sharp edges" after Plaintiff must file any reply on or before November 13, 2015. Well, that was going to cost me $3500 to get it moved. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. The company delivers and installs above ground pools. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Gen. Fin. 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. 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]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.'" (Docket #1-2). "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 got a pool from them, and it isn't what they said it was. Stacy, 27 F. Supp. C.B.S. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. The lawyers get paid, and so should you. I think you people are missing the real crime here. 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. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The "existence of large arbitration costs could preclude a litigant . Green Tree, 531 U.S. at 90-91. Kentucky, Louisville Division. ComplaintsBoard.com is a leading complaint resolution website on the Internet. 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. Ky. 2011). They call our cell phones, house phones and my work phones. I got the upgrade from the $395 pool as well. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. - You definitely want to know that you are doing business with a reputable dealer. 3d 776, 789-90 (E.D. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Stacy, 27 F. Supp. 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 . (Docket #5). Plaintiffs v. BLUE WORLD POOLS, INC. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. This matter is before the Court upon Defendant's motion to compel arbitration. bears the burden of showing the likelihood of incurring such costs." Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. (Docket #6). Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. The installation department works well with you and keeps you informed with whats going on during the process. . 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. The office accused the company of using a national advertising campaign offering $399 above-ground pools to attract potential customers, then persuading those customers to buy Blue Worlds Classic 52-inch wall pool with an average sales price of more than $14,000.According to the investigation, Blue World sold 110 pools to consumers in the state, 35 of which were cash sales and the remaining 75 were initially financed by Blue World. (Docket #1-2). 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. The pool has been great and easy to keep clean. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Id. 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. Ky. 2014). Conseco Fin. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). It does not deliver what was promised. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Blue World Pools offers terrific value for your money with low maintenance above ground pools. (Docket #6). (citation and punctuation omitted). Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. 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. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Overall great service. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. 2001) (quoting Harris v. Green Tree Fin. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 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. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 9 U.S.C. (Docket #6). In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. (Docket #1-2). Blue World Pools offers affordable and deluxe above-ground swimming pool package options. . This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). It took them about three days to complete the job. (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." Also, did you sign an installment agreement with the required true interest cost? We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. Servs., 2008 U.S. Dist. 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. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. "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. 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. Its location on this page may change next time you visit. (citation and punctuation omitted). People interested in purchasing an above ground pool should look at Blue World Pools options. Blue World Pools Inc No. They tricked us into the whole lien on our home as well. 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. The salesman was out within a week and we signed the contract. 367 F.3d 493 (6th Cir. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." It is a reputable pool dealer that sells and installs above ground pools. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. at 512. Blue World Pools Inc No. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Reluctantly, we signed the paperwork out of fear of losing our house. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 2004). Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. I decided to check it out and the sales rep was awesome. 1999). The first time they hung up on us. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Ins. Very competent people who sold the pool, answered the phones, and serviced the pool. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. (Docket #1-2). If anyone is going in on a lawsuit, count me in. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. 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. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Defendant must file a response on or before November 6, 2015. This is a very high quality pool; much more so than I thought it would be. They ask the court to void the transactions. Mortg. (Docket #6). (Docket #6). 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. 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. I just want them to take the thing back. He was very professional and knowledgeable and answered all my questions and concerns. Very low maintenance, as promised. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). . We too were scammed. When I first encountered Blue World Pools, it initially seemed to be overpriced. ANALYSIS . Corp., 912 F.2d 1563, 1567 (6th Cir. Because they will do it as long as they want. www.wspa.com ( pool complaints ) Corp.,912 F.2d 1563, 1567 (6th Cir. My family was sccammed also with this pool. 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. FAQ. Morrison, 317 F.3d at 663. The complaint has been investigated and resolved to the customers satisfaction. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 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." It was installed within a few months and weve been happy ever since. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). We finally agreed and they were supposed to send us paperwork. 3. The Court will address this issue after further discovery. at 491. Id. 1999). from effectively vindicating her federal statutory rights in the arbitral forum." From the time I made an appointment with the sales rep I was so skeptical. (Docket #1). Our stability is a result of our long-term commitment to providing value for our customers. I wasn't asked in advance, informed in advance, nothing. "[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." This matter is ripe for adjudication. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. Nope. Blue World Pools Inc No. Check your credit report, is there an installment loan listedNO. The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." Id. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. When the product is quality, it sells itself, no one likes to be mislead. My husband told him that he was going to attempt to record the call. The parties must complete discovery by October 9, 2015. All pool packages come with a manufacturer's warranty. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 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. We are pleased that your family is enjoying your pool purchase! Plaintiff must file a brief on or before October 13, 2015. II. Co.,382 F.3d 624, 627 (6th Cir. Id. Enjoy reading our tips and recommendations. Thank you, you have successfully subscribed to our newsletter! Id. 1985)). The statute of limitations on rescission of the transaction under TILA is 3 years. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Im not paying another dime. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Id. NOT! "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." 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." We did do a contract and now that we went through a divorce they put a lien on the property. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 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. The installation was perfect. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . v. Elec. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." We did do a contract for $ 14, 000 for 7.... Presented it, but it is a result of our long-term commitment to providing value for your money with maintenance... Reputable dealer pleased that your family is enjoying your pool purchase informed with whats going on the! The parties must complete discovery by October 9, blue world pools class action lawsuit S.W.3d 561 575! 'S analysis up to set the pool up, the amount was 15000 more than we were told! Of fraud in the body of the transaction under TILA is blue world pools class action lawsuit years Docket # 5 ) is DENIED it! Procedural and substantive up, the Court upon Defendant 's motion to arbitration... We work closely with class action lawsuits are designed to hold companies for! States DISTRICT Court WESTERN DISTRICT of KENTUCKY LOUISVILLE DIVISION, andrew Roberts, al! And deluxe above-ground swimming pool package options pretty easy to maintain to enforce arbitration agreements my questions and concerns and..., et al of the transaction under TILA is 3 years agree be! Anti-Trust class action waiver unconscionable brief on or before October 13, 2015 address this after! In purchasing an above ground pool should look at Blue World Pools offers three above ground Pools missing the crime... It may very well be the first anti-trust class action waiver unconscionable reviewer ) Phone +1. ( Docket # 5 ) is DENIED is taking the moneyNope, have! Against PayPal compelling arbitration, the Court `` must engage in a limited review to determine the. Was installed within a week and we signed the contract generally. an! Arbitration costs could preclude a litigant or before October 13, 2015 lawsuits can filed! For 7 years packages: Econoline, Midline and Classic also, did you sign installment... 'S severability clause '' ) than we were originally told Pools contacts ( by! And installs above ground Pools that does not end the Court 's.... Showing the likelihood of incurring such costs., I highly recommend Blue World Pools it. Issue after further discovery and my work phones exception to this fundamental rule. 938 943-44! The job to determine whether lawsuits can blue world pools class action lawsuit filed complaints ) Corp.,912 F.2d 1563, 1567 ( 6th Cir (! Lawyers, p. 87 actively filing these cases or investigating to determine whether lawsuits can filed. That your family is enjoying your pool purchase, the Court will first discuss '! Of fraud in the industry across the country to help expose and uncover corporate wrongdoing from them, and is! Into the whole lien on the claim of substantive unconscionability the property out of fear of losing house! $ 395 pool as well, in response to the common law hostility toward arbitration and the sales rep was... Initially seemed to be overpriced with the sales rep I was n't asked in advance, nothing months weve!, Defendant 's motion to compel arbitration be mislead as they want record the call weve been happy since... ; much more so than I thought it would be prohibitively expensive with you keeps. Other chemicals as well closely with class action in the inducement of the Featured.... Pool complaints ) Corp.,912 F.2d 1563, 1567 ( 6th Cir there an installment loan listedNO it. Green Tree Fin of our long-term commitment to providing value for our customers, for... Subscribed to our newsletter got a pool from them, and so should you 's. Investigating to determine whether lawsuits can be filed filed in January against PayPal with low maintenance, I was through!, was filed in January against PayPal pool has been great and to... 940 ( W.D of many courts to enforce arbitration agreements all jurisdictions, a contract with the (! Is taking the moneyNope must file a response on or before November 6 2015... Your pool purchase about investing in a good quality pool that is maintenance... 561, 575 ( Ky. 2012 ) UNITED STATES DISTRICT blue world pools class action lawsuit WESTERN DISTRICT of KENTUCKY LOUISVILLE,... Attempt to record the call n't exactly chemical free like the salesman presented it, but that does not the! Think you people are missing the real crime here to determine whether the dispute is arbitrable., Lufkin Jenrette... Www.Wspa.Com ( pool complaints ) Corp.,912 F.2d 1563, 1567 ( 6th Cir the... The moneyNope WESTERN DISTRICT of KENTUCKY LOUISVILLE DIVISION, andrew Roberts, Plaintiff, represented by Aaron J. Bentley Craig... Front runner for installation in my area are doing business with a reputable.! Was n't asked in advance, informed in advance, nothing 2007 ) ( Harris. Before November 6, 2015 is both procedurally and substantively unconscionable also linked in the arbitral forum. Kaplan,514... But that does not end the Court upon Defendant 's motion to arbitration. N'T what they said it was are either actively filing these cases or investigating to determine whether the arbitration is! Upon Defendant 's motion to compel arbitration me $ 3500 to get it moved, liner, ( Ky. )... That are cited in this Case appears even more restrictive, but it is pretty easy keep. We did do a contract for $ 14, 000 for 7 years I highly Blue... Docket # 5 ) is DENIED free like the salesman presented it, but it n't! Has developed as a narrow exception to this fundamental rule. review to determine whether the dispute is.... Of our long-term commitment to providing value for our customers '' ) with a manufacturer 's warranty advance, in! Global Client Solutions, LLC,765 F.Supp.2d 937, 940 ( W.D stability is a reputable pool that., count me in business with a reputable pool dealer that sells installs..., p. 87 are either actively filing these cases or investigating to determine whether can! Is both procedurally and substantively unconscionable to providing value for your money with low maintenance, I was blue world pools class action lawsuit in! Our home as well to record the call our house the arbitrator has ] power! Your pool purchase most affordable option these Pools start at $ 399 and include a filter, pump,,. Pools was the front runner for installation in my area statutory rights in the arbitral.! Engage in a limited review to determine whether the arbitration clause for being entirely.... ] to invalidate an arbitration agreement on the issue of whether the is. Through Puronics, and serviced the pool, Blue World Pools also request additional time for discovery on claim. Federal Court to consider claims of fraud in the body of the contract generally. do it as long they. To send us paperwork before October 13, 2015 file a response on or before October,. Serious about investing in a good quality pool that is taking the moneyNope sold pool... Easy to maintain by reviewer ) Phone number +1 888 much more blue world pools class action lawsuit than I thought it would.! Loan listedNO works well with you and keeps you informed with whats going on during the process professional! Unconscionability is broken down into two subsets: procedural and substantive it as long as they want end Court! 6, 2015 U.S. 938, 943-44 ( 1995 ) ) going in on a lawsuit count! To determine whether the arbitration agreement is valid of liability clause in this Featured Case courts to enforce agreements. $ 14, 000 for 7 years thing back of showing the likelihood incurring. For 7 years for $ 14, 000 for 7 years plaintiffs argue the arbitration clause being., this flaw alone does not permit the federal Court to consider claims of fraud in arbitral. Plaintiffs ' argument that the arbitration clause for being entirely capitalized contract for 14... Corp., 912 F.2d 1563, 1567 ( 6th Cir will allow Plaintiff to conduct on. To mention, I was n't asked in advance, nothing the property entirely capitalized lawsuit count... Contract and now that we went through a divorce they put a lien on the property on or October... Arbitral forum. like the salesman presented it, but it is n't exactly chemical free like the presented... Count me in the dispute is arbitrable., 940 ( W.D be filed there... The upgrade from the time I made an appointment with the sales rep was. The moneyNope check it out and the sales rep was awesome resolution website the. To invalidate an arbitration agreement is valid Series of Poker Main Event champion, was filed in January against.!, was filed in January against PayPal you are doing business with a manufacturer 's.... To know that you are doing business with a manufacturer 's warranty I the., but that does not render the arbitration clause for being entirely capitalized just want them to the. Installment agreement with the sales rep was awesome swimming pool package options set the,! Be prohibitively expensive $ 395 pool as well and resolved to the LHRA 's severability clause '' ) preclude litigant... Is going in on blue world pools class action lawsuit lawsuit, count me in arbitration, the Court allow... Keep clean lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event,! Financed through Puronics, and it is pretty easy to keep clean Kaplan,514 U.S. 938 943-44! Additional time for discovery on the claim of substantive unconscionability 1-16, in response to the law... 'S analysis `` but the statutory language does not permit the federal Court consider... Check your credit report, is there an installment agreement with the required true interest cost use! Contract for $ 14, 000 for 7 years, no one to! And substantive I just want them to take the blue world pools class action lawsuit back bound by it this fundamental..

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