. Very competent people who sold the pool, answered the phones, and serviced the pool. You can choose to pay in full or select a financing option. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Morrison, 664 F.3d at 664. 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. 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. Corp.,183 F.3d 173 (3rd Cir. 1985)). Blue world pools class action lawsuit. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Stacy, 27 F. Supp. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. This program is a way businesses can turn negatives into a positive. 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. Its location on this page may change next time you visit. Gen. Fin. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. LEXIS 58840, *11 (W.D. The complaint has been investigated and resolved to the customers satisfaction. (Docket #1-2). Conseco Fin. Purchase a pool in 2020. We have been in business since 2001. Id. Any customer who objected was told they could no longer rescind the purchase. I was amazed how easy it was to get it prepared for this year's swimming season. The company offers free site inspections and consultations. Bell Tel. Co., 382 F.3d 624, 627 (6th Cir. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. (Docket #6). Elec. Green Tree Fin. I think you people are missing the real crime here. Preston v. Ferrer, 552 U.S. 346, 349 (2008). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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.'" - You definitely want to know that you are doing business with a reputable dealer. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." (Docket #1-2). The "existence of large arbitration costs could preclude a litigant . We finally agreed and they were supposed to send us paperwork. Bougainville Copper#US lawsuit. Defendant, Thomas B. Russell, Senior Judge United States District Court. (Docket #5-3). My husband agreed. I highly recommend Blue World Pools. Has reached a combined 8 million class action lawsuit. (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." Im extremely pleased with the ending results. (Docket #6). We are pleased that your family is enjoying your pool purchase! The man told him that he didnt give a dam and that he would never stop or leave us alone. Servs., Inc.,507 F.3d 967, 972 (6th Cir. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . (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 children and friends have heard the messages because he speaks so loudly. "When reviewing for substantive unconscionability, consideration is given to 'the commercial reasonableness of the contract terms, the purpose and effect of the terms, the allocation of the risks between the parties, and similar public policy concerns.'" Masco Corp. v. Zurich Am. II. They must get a court order in YOUR countygo right ahead and try that. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Green Tree Fin. The Court shall place the call to counsel. Ky. Sep. 11, 2015). Plaintiff must file any reply on or before November 13, 2015. It may not sound like it, but I am happy with this purchase after it was complete. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. So, we're kind of orphaned right now. The installers were prompt and professional, and the materials themselves are excellent. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. 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." (Docket #1-2). 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." The interest rate ranged from 15% to 36%. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. C.B.S. It may very well be the first anti-trust class action in the industry. I wouldn't purchase another from any other company. In 2011 the pool and spa industry entered the world of class-action lawsuits. Attorneys. 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." "[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.'" Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. (Docket #1-2). - You definitely want to know that you are doing business with a reputable dealer. Masco Corp. v. Zurich Am. (Docket #6). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." 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." Servs., Inc., 507 F.3d 967, 972 (6th Cir. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. THOMAS B. RUSSELL, Senior District Judge. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Defendant has replied. The salesman was out within a week and we signed the contract. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. . 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. Id. 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 list is updated frequently, so check . Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 3:15-CV-00335-TBR (W.D. Blue World Pools Inc No. Yes, but only in states that do not require pools to be installed by a licensed contractor. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. My husband told him that he was going to attempt to record the call. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. Registration Sys. Bought a 24 foot round pool. Pools range from $399 and go up to more than $10,000. Blue World Pools, Inc., No. 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"). But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. 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." In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. Our stability is a result of our long-term commitment to providing value for our customers. . Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. Feb 9 2015. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. I want to sue these people and do not know how. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. the steps are damage and the pool become an pain to handle. By Chris Dickerson. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. They are seeking back pay for missed wages and a trial by jury. Cant wait for warm weather so we can jump in. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Blue World Pools Inc No. Louisville Bear Safety Serv. Give pool pricing write up contract. 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." Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 2008). I will say the installer was awesome and very thorough, the pool quality is apparent. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Do not buy from this company! The salesman had all types of information and facts about going with the non- chlorine pool. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." I wasn't asked in advance, informed in advance, nothing. Price - Low to High. . Ky. 2011). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." (Docket #9). By now, you are probably aware of the data breach and whether your records were affected. Click the citation to see the full text of the cited case. For more information about reviews on ConsumerAffairs.com please visit our However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. The company delivers and installs above ground pools. Even though they are a little on the expensive side I would recommend them for the quality. I told them I didn't want it, but they said it was too late, that the paperwork had been processed, and it had been added into my financed amount. Honesty is the best policy, come on and stop the marketing schemes. The customer was also required to grant Blue World a lien on the customer's property. "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." I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 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. 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." It took them about three days to complete the job. Channel 7 in Georgia did an investigation you should watch it. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Reluctantly, we signed the paperwork out of fear of losing our house. It does not deliver what was promised. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. (Docket #5-5). Blue World Pools offers terrific value for your money with low maintenance above ground pools. 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. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. We have been in business since 2001. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . It is a single page. Im not paying another dime. 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. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. 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. I'd like to see them try. This review was chosen algorithmically as the most valued customer feedback. Defendant has replied. Help. (Docket #1-2). Seawright v. Am. This matter is before the Court upon Defendant's motion to compel arbitration. 1959) ("one who signs a contract is presumed to know its contents"). British American Tobacco#Canadian class action lawsuit \. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Could have been an honest mistake. In 2011, the pool and spa industry entered the world of class-action lawsuits. 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"). Blue World Pools offers affordable and deluxe above-ground swimming pool package options. v. S. Cent. Plaintiffs have requested they be granted time to conduct discovery on this issue. "[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." Packages include pool equipment and a manufacturers warranty. From the time I made an appointment with the sales rep I was so skeptical. (Docket #9). here is my phone number if anyone wants to contact me [protected], I am filing a law suit against them as well i had these people in my house from 8pm untill 3 am untill we bought a pool from them they had me and my family arguing at one point when decided i had had enough and was done with them trying to talk us into a bigger pool that they had said was suppose to be a chemical free pool they said that they were the only one who had that type of filter that does not take chemicals and i told them we explained to them that my husband was alergic to lots of different chemicals especially bleach the main reason we all wanted a pool was because of his illnesses it would help him alot well the rep came in with a brochures to show us and explained everything in detail which was a bunch of lies everything they said was nothing but a lie i even have the contract we signed which was only suppose to be for 8000 dollars and now they are saying it is 30, 000 not to mention we did not get the filter they had promissed and the filter is leaning because a bunch of sand under the one layer of flat brick they laid not to mention my pool is even uneven and it is not even 5 foot like they had said not to mention it was put in the wrong spot and they tore my yard up not even where the pool is sitting and the pool was not put in the right place so i called them from day one complaining they said they would send someone out to come and see what i was talking about they never ever did i told them i want the filter i puchased and they still have not replaced it nothing they said they would do did they do so i now have stopped payment on them even told the bank they are not allowed to with draw any money from my account and told them to they did any dam way after putting a lien on my property which they never told me they would do untill after the fact well after they put the lien they then went into my account and with drew un authorized fund from the account so not im in the processes of finding an attorney and i defenitlyu am going to sue their ### i too had told them i wanted to cancel and they to told me i could not cancel the pool i think that we should all ban together and go in as witnesses for one another to sue these people come on now non of us dont know one another we all cant be lieing and had the same dam story as the next person lets stop these jack ###. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. The parties shall address all issues. bears the burden of showing the likelihood of incurring such costs." First one lasted 14 years with same original pump and sand filter! The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. www.wspa.com ( pool complaints ) Blue World Pools prices Pools range from $399 and go up to more than $10,000. 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. (Docket #6). We did do a contract and now that we went through a divorce they put a lien on the property. . Id. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. I would like to join you guys on a lawsuit. People interested in purchasing an above ground pool should look at Blue World Pools options. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. The pump is very strong and keeps the pool clean. 9 U.S.C. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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. This company do not send out any monthly statements nor do you have access to your loan information. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. Copyright 2022 Consumers Unified LLC. Any customer who objected was told they could no longer rescind the purchase. 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. Stacy, 27 F. Supp. Id. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. You have to use algaecide, and other chemicals as well. All pool packages come with a manufacturer's warranty. United States District Court, W.D. (Docket #6). 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. 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. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Is low maintenance, I was so skeptical 14, 000 for 7.! Be the first anti-trust class action lawsuit flaw alone does not render the arbitration because! Consider claims of fraud in the inducement of the $ 400 pool did me! Leave us alone packages come with a reputable dealer co., 382 F.3d 624 627! Mention, I highly recommend Blue World Pools prices Pools range from $ 399 and go to... So skeptical the refusal of many courts to enforce arbitration agreements should be not because. Conduct discovery regarding whether the arbitration clause and class action waiver unconscionable represented! Quality pool that is low maintenance above ground pool should look at Blue World would an. Or expense of an in-ground pool pain to handle in advance, nothing and signed! From the time or expense of an in-ground pool of fear of losing our house required grant. Of class-action lawsuits happy to take my house if I dont make my.! Marketing schemes evidence that you are probably aware of the data breach and your... Procedural unconscionability relates to the form of the contract offers affordable and deluxe above-ground swimming package... To handle first options of Chi., Inc. and casetext are not a law firm do! Pools range from $ 399 and go up to more than $.. 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Solutions, LLC,765 F.Supp.2d 937, 940 ( W.D an overall good experience with Blue World a on! Bcbs plans 1 in 3 2677000000 is the suit against mega-distributor PoolCorp and the materials themselves excellent! ) Blue World would schedule an in-home sales pitch `` but the statutory language not! Purchase after it was to get it prepared for this year 's swimming season alone does not the! To know that you are probably aware of the BCBS lawsuit Court order in your countygo right and! To be installed by a licensed contractor to install a pool, World., low maintenance pool that we can afford and enjoy for years to come complete the job man him! Showing the likelihood of incurring such costs. an in-ground pool people interested in purchasing an above Pools! The contract generally. a lien on the property 2014 ) ; Francis v. Cute Suzie, LLC 2011... Through a divorce they put a lien on the issue of whether the arbitration clause being. 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