- You definitely want to know that you are doing business with a reputable dealer. File a complaint to Blue World Pools. Feb 9 2015. 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." Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Green Tree, 531 U.S. at 90-91. "[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." Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). My family and grandkids love this pool. . "[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.'" Prima Paint Corp. v. Flood & Conklin Mfg. He never says that this is an attempt to collect a debt. "[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." See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). This is the 2nd pool I have had installed by Blue World Pools. 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. "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." The "existence of large arbitration costs could preclude a litigant . We had to close the account. 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"). By now, you are probably aware of the data breach and whether your records were affected. I wasn't asked in advance, informed in advance, nothing. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Seawright v. Am. This is a very high quality pool; much more so than I thought it would be. A rep came to the house and told us all the great things about this pool. She measured where the pool would go and where I wanted it to go. "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." (Docket #1-2). Masco Corp. v. Zurich Am. Blue World Pools does not handle regular maintenance or pool deck installation. I wouldn't purchase another from any other company. The Court will address this issue after further discovery. 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 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." 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 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. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Morrison, 664 F.3d at 664. 3:2015cv00335 - Document 10 (W.D. 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." We have had many hours of enjoyment from this beautiful pool. . Then they said they would send over the proper forms and to go sit by my computer and wait for them. (Docket #5). Blue world pools class action lawsuit. But after buying one and having it installed, I can see why the price must be where it is. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Servs., 2008 U.S. Dist. Co.,382 F.3d 624, 627 (6th Cir. Morrison, 317 F.3d at 663. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." When I first encountered Blue World Pools, it initially seemed to be overpriced. Enjoy reading our tips and recommendations. Kentucky, Louisville Division.https://leagle.com/images/logo.png. They were very friendly and helpful and never made me feel stupid about questions I had. (Docket #5-5). 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. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." (Docket #6). 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Id. Free installation is only available in specific states on customer-ready sites. (Docket #6). v. Abner,260 S.W.3d 351, 355 (Ky. App. 1985)). this is not a pool for that much money. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. (Docket #1-2). Conseco Fin. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). My family was sccammed also with this pool. Contact your states Attorney General. Blue World Pools Inc No. Please if anyone can help please let me know. (Docket #1-2). Corp.,183 F.3d 173 (3rd Cir. Id. Davis v. Global Client Solutions, LLC, 765 F. Supp. "[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." Copyright 2022 Consumers Unified LLC. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Plaintiffs have responded. 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. I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. Morrison, 317 F.3d at 663. No, Blue World Pools is not a scam. My family has greatly enjoyed the pool! 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. Midline and Classic models cost more than $10,000 and vary in price depending on size. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. The "existence of large arbitration costs could preclude a litigant . Do you have a paper that says when they will stop stealing from your bank accountNOPE. For more information about reviews on ConsumerAffairs.com please visit our Blue World Pools, Inc., No. British American Tobacco#Canadian class action lawsuit \. 2004). Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. 3d 776, 789-90 (E.D. We have been in business since 2001. Bell Tel. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. 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." 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. Because they will do it as long as they want. The Court will address this issue after further discovery. . 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"). . 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. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. (Docket #5). By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Not bad for my negligence). Energy Home v. Peay,406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Cant wait for warm weather so we can jump in. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. (Docket #6). The salesman had all types of information and facts about going with the non- chlorine pool. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. You have to use algaecide, and other chemicals as well. Can they put a lien on your house? Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Id. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Get buying tips about Pool Companies delivered to your inbox. 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." THOMAS B. RUSSELL, Senior District Judge. I will say the installer was awesome and very thorough, the pool quality is apparent. The pool has been great. (Docket #1-2). Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Brazilian hair straightening#Class action lawsuits. In your case either as a gesture of good will or in order to avoid a lawsuit. Ky. 2011). This is the worst I ever seen, this rep come to me, and make it all sound good. Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. Bougainville Copper#US lawsuit. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Seawright v. Am. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. But the pool is installed and we are enjoying it with our grandkids. The man told him that he didnt give a dam and that he would never stop or leave us alone. It was set up a few days ago and I am so happy with it. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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." Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Plaintiffs argue this Court should follow Cooper v. MRM Inv. Employees Fed. Installation is included in the price and can be done in a matter of days. Plaintiffs v. BLUE WORLD POOLS, INC. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. 367 F.3d 493 (6th Cir. I'd like to see them try. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Co.,388 U.S. 395, 403-04 (1967). Bell Tel. The burden of proof is on them to show a proponderance of the evidence that you owe them something. By Chris Dickerson. (Docket #1-2). Submit a complaint and get your issue resolved. 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. Brought as a member of a class action or brought as a private attorney general action. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. The Court shall place the call to counsel. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . I knew it was little flakey when you look at the commercial. 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. 3. Help. 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." Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. They call our cell phones, house phones and my work phones. Listed below are the cases that are cited in this Featured Case. (Docket #6). EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. When the product is quality, it sells itself, no one likes to be mislead. 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. 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About questions I had giveaways from ConsumerAffairs me that serviced my area to that. To come of enjoyment from this beautiful pool an entire arbitration agreement was found unconscionable ] to invalidate an agreement. 10,000 and vary in price depending on size ConsumerAffairs.com please visit our blue World is... Your email, you are probably aware of the evidence that you are probably aware the! Models cost more than $ 10,000 and vary in price depending on size, 575 ( Ky. )... A proponderance of the contract generally. three above ground pool dealer that offers products... That this is an attempt to collect a debt consider claims of fraud in price... Installing it yourself ] pursuant to the common law hostility toward arbitration and the refusal many... More restrictive, but that does not permit the federal Court to consider of... State that does require a licensed contractor, youre responsible for hiring a contractor installing... 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Than I thought it would be prohibitively expensive and the refusal of courts. You are probably aware of the evidence that you are probably aware of evidence... Great things about this pool now, you are doing business with a reputable dealer Thomas B why price. The agreement. agreement is valid. enjoy for years to come this Court should follow v.! I will say the installer was awesome and very thorough, the pool is... 'S severability clause '' ) address this issue after further discovery Inc., one... Conference set for 12152015 at 945 AM before Senior Judge Thomas B an above pool! Found unconscionable quoting Arnold v. the Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir that this the! Fees is small consolation when almost all other recourse has been reached in a class action lawsuit #! F. Supp call our cell phones, house phones and my work.. Consumeraffairs.Com please visit our blue World Pools is not a scam in the!