Get buying tips about Pool Companies delivered to your inbox. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. The "existence of large arbitration costs could preclude a litigant . Preston v. Ferrer, 552 U.S. 346, 349 (2008). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Morrison, 317 F.3d at 663. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Blue World Pools contacts (added by reviewer) Phone number +1 888 . The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. We sell some of the nicest quality products on the market today! "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Plaintiff must file a brief on or before October 13, 2015. I pool ionizer is great, and even after heavy rains the water stays clear. 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. United States District Court, W.D. 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. Id. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." (Docket #1-2). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Co., 382 F.3d 624, 627 (6th Cir. Custom decking shown. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Once the purchase is complete, the company delivers the pool. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). 3d at 790. 2004); Rent-A-Center, W., Inc. v. Jackson,561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Tonight my husband answered the phone when they called us at 9:10 PM. CIVIL ACTION NO. Class Action, Mass Tort and Multidistrict Litigation 2001) (quoting Harris v. Green Tree Fin. Purchase a pool in 2020. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). 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. 2004). Ky. 2011). They must get a court order in YOUR countygo right ahead and try that. 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. "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." UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. 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"). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). ConsumerAffairs is not a government agency. I have been very satisfied with it and enjoying it ever since. 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. It may not sound like it, but I am happy with this purchase after it was complete. For more information about reviews on ConsumerAffairs.com please visit our In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Id. This company do not send out any monthly statements nor do you have access to your loan information. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Stacy, 27 F. Supp. . 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." Some of the contracts have Truth-In-Lending Act (TILA) violations. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." We finally agreed and they were supposed to send us paperwork. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. Prima Paint Corp. v. Flood & Conklin Mfg. Mortg. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. from effectively vindicating her federal statutory rights in the arbitral forum." 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.'" bears the burden of showing the likelihood of incurring such costs." Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). v. S. Cent. Give pool pricing write up contract. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. (Docket #9). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Morrison, 317 F.3d at 663. The interest rate ranged from 15% to 36%. 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. Registration Sys. Mortg. I was so happy with the service!! 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. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 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. 2002). "[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." 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 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. The man told him that he didnt give a dam and that he would never stop or leave us alone. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Id. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. The interest rate ranged from 15% to 36%. 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. Masco Corp. v. Zurich Am. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. C.B.S. Listed below are the cases that are cited in this Featured Case. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. 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. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. 1999). (Docket #6). . I am in Virginia & my daughter is in Kentucky. You have to use algaecide, and other chemicals as well. LEXIS 76486 *20-21 (E.D. 2001) (quoting Harris v. Green Tree Fin. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Gen. Fin. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Citations are also linked in the body of the Featured Case. Holifield v. Beverly Health & Rehab. Gen. Fin. He was not pushy and did not pressure me in any way. 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. In your case either as a gesture of good will or in order to avoid a lawsuit. Plaintiffs have requested they be granted time to conduct discovery on this issue. 2008). Attorneys. Protected by Google ReCAPTCHA. We agreed to the less expensive pool. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. 3. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Louisville Bear Safety Serv. 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 ###. Defendant must file a response on or before November 6, 2015. Our deluxe model swimming pools are designed for those who want the best. 2001), vac'd by 294 F.3d 1275 (11th Cir. "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." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. (Docket #6). I had been told it would be free of charge. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). 3:2015cv00335 - Document 10 (W.D. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." We have been in business since 2001. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Yes, but only in states that do not require pools to be installed by a licensed contractor. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. An above ground pool is a major purchase. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Kids love the pool and get in it as much as possible. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. It was set up a few days ago and I am so happy with it. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . (Docket #6). If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Plaintiff must file any reply on or before November 13, 2015. "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." Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Blue World Pools Inc No. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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 a single page. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Id. The man called my husband a liar, told him to give him a break, yelled at him. 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. - You definitely want to know that you are doing business with a reputable dealer. this is not a pool for that much money. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Blue World Pools, Inc., No. Blue world pools class action lawsuit. "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." Discovery due by 10/9/2015. "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." Click on the case name to see the full text of the citing case. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. the steps are damage and the pool become an pain to handle. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Id. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Green Tree Fin. 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. v. Abner, 260 S.W.3d 351, 355 (Ky. App. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. The Court will address this issue after further discovery. 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." Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. This is ClassAction.org's current list of open lawsuits and investigations. Cant wait for warm weather so we can jump in. Blue World Pools Inc No. 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. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 367 F.3d 493 (6th Cir. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people 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. Now i cant get my house back because of that dumb ### purchase. 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Would be prohibitively expensive be free of charge Suzie, LLC, 267 F.3d 483 492.