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. The interest rate ranged from 15% to 36%. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). An above ground pool is a major purchase. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. Get buying tips about Pool Companies delivered to your inbox. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Employees Fed. We were unsure at first but Blue World worked with us to make sure we were happy. Submit a complaint and get your issue resolved. Could have been an honest mistake. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. "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." Prima Paint Corp. v. Flood & Conklin Mfg. 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. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. "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." We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Also, did you sign an installment agreement with the required true interest cost? Servs., 253 F.3d 1280, 1287 (11th Cir. just let me know. 367 F.3d 493 (6th Cir. Please if anyone can help please let me know. (Docket #6). However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. We sell some of the nicest quality products on the market today! The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 367 F.3d 493 (6th Cir. 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. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. (Docket #9). The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." THOMAS B. RUSSELL, Senior District Judge. Bought a 24 foot round pool. 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. For more information about reviews on ConsumerAffairs.com please visit our Carson Street Suite 4925 Carson City Nevada United States of America. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. at 491. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). ConsumerAffairs is not a government agency. 9 U.S.C. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Discovery due by 10/9/2015. Elec. The salesman had all types of information and facts about going with the non- chlorine pool. Who knows. 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. Not as many as a regular pool, maybe, but chemicals anyway. Bougainville Copper#US lawsuit. 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. 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. Masco Corp. v. Zurich Am. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. 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. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. My family has greatly enjoyed the pool! --------. "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. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Seawright v. Am. (Docket #1-2). See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). 2004). Be the first one to find this review helpful. The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. Cant wait for warm weather so we can jump in. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. (Docket #5). However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. 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." Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." I highly recommend Blue World Pools. ANALYSIS Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Blue world pools class action lawsuit. Purchase a pool in 2020. The man told him that he didnt give a dam and that he would never stop or leave us alone. My husband told him that he was going to attempt to record the call. (Docket #6). 1990). United States District Court, W.D. LEXIS 76486 *20-21 (E.D. The arbitration clause is sufficiently notable. "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.'" EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). This matter is ripe for adjudication. Im extremely pleased with the ending results. It was installed within a few months and weve been happy ever since. 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. 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. Bell Tel. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. The Newsletter Bringing the Legal System to Light. II. (Docket #6). Masco Corp. v. Zurich Am. Co., 388 U.S. 395, 403-04 (1967). Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. 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. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. LEXIS 76486 *20-21 (E.D. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 2001). The sales team does over sale the zero maintenance, no chemicals and no draining for winter. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. v. Abner,260 S.W.3d 351, 355 (Ky. App. Listed below are those cases in which this Featured Case is cited. I decided to check it out and the sales rep was awesome. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. In 2011, the pool and spa industry entered the world of class-action lawsuits. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. The Court will address this issue after further discovery. Listed below are the cases that are cited in this Featured Case. 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. "[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." We agreed to the less expensive pool. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Has reached a combined 8 million class action lawsuit. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 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. . (Docket #1-2). 2004). (Docket #5). After customers called to inquire about a pool Blue World would. 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. File a complaint to Blue World Pools. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Overall great service. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Davis v. Global Client Solutions, LLC, 765 F. Supp. 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. We have had many hours of enjoyment from this beautiful pool. Your choice. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. 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. (Docket #5). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. He was right. From the time I made an appointment with the sales rep I was so skeptical. (Docket #6). 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. Reluctantly, we signed the paperwork out of fear of losing our house. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Any customer who objected was told they could no longer rescind the purchase. "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." Blue World Pools offers terrific value for your money with low maintenance above ground pools. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Custom decking shown. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. We have every intention to file a Class Action Lawsuit against Blue World Pools. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Green Tree Fin. Blue World Pools Inc No. The Court shall place the call to counsel. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. I'd like to see them try. www.wspa.com ( pool complaints ) Id. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. (Docket #6). My family was sccammed also with this pool. The installation department works well with you and keeps you informed with whats going on during the process. 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. The list is updated frequently, so check . You have to use algaecide, and other chemicals as well. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 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. I am in Virginia & my daughter is in Kentucky. C.B.S. They must get a court order in YOUR countygo right ahead and try that. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. I had been told it would be free of charge. We are pleased that your family is enjoying your pool purchase! We had to close the account. Brazilian hair straightening#Class action lawsuits. 1985)). It may not sound like it, but I am happy with this purchase after it was complete. 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." FAQ. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Gen. Fin. Contact your states Attorney General. Protected by Google ReCAPTCHA. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." It is a single page. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). This is ClassAction.org's current list of open lawsuits and investigations. My family and grandkids love this pool. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Classic Pools. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Help. (Docket #9). Servs., Inc., 507 F.3d 967, 972 (6th Cir. All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. 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." Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Then they said they would send over the proper forms and to go sit by my computer and wait for them. v. S. Cent. We have been in business since 2001. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). That is illegal. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. . Tonight my husband answered the phone when they called us at 9:10 PM. If you need a pool I highly suggest Blue World Pools. When I first encountered Blue World Pools, it initially seemed to be overpriced. Kentucky, Louisville Division. 1990). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Id. . Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. (She ripped 6 years after I fixed the leaky liner. This is the 2nd pool I have had installed by Blue World Pools. 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.'" at 491. 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"). LEXIS 58840, *11 (W.D. Id. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Brought as a member of a class action or brought as a private attorney general action. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. . Corp., 912 F.2d 1563, 1567 (6th Cir. You need a pool, maybe, but I am in Virginia & my daughter in... Caused the non-stick surface to peel away and leave sharp edges, we signed paperwork. Compel arbitration ( Docket # 5 ) is DENIED n't exactly chemical free like the salesman told we! Purchase after it was installed within a few months and weve been happy ever since Peay,406 S.W.3d 828 835! Situated individuals appointment with the sales team does over sale the zero maintenance, no chemicals and draining. Husband and I have had many hours of enjoyment from this beautiful pool the following reasons Defendant! Sign an installment agreement with the time or expense of an in-ground pool see Gannon v. Circuit City,. 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To assert this action on behalf of all similarly situated individuals ; quoting. 8 million class action lawsuit, 403-04 ( 1967 ) n.8 ( 8th.! ( I ) unconscionable and Plumbing Supplies category Circuit refused to enforce agreements. And facts about going with the sales rep I was so skeptical agreement is ( I unconscionable... Ky. 1976 ) x27 ; s current list of open lawsuits and investigations City Nevada States. Also cited the Eighth Circuit, which criticized the Eleventh Circuit 's decision entered the World class-action. Plaintiffs also request additional time to `` conduct discovery regarding whether the arbitration agreement contains. Entire arbitration agreement that contains an unconscionable provision p.m ET ) ) non- chlorine pool parties agree to be by! Recirculated without written permission 492 ( 6th Cir to set the pool spa... 912 F.2d 1563, 1567 ( 6th Cir time I made an appointment with the sales rep I so... 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To enjoy the pool up, the Cooper Court also cited the Eighth Circuit, which criticized the Circuit! Set the pool for a couple yearstoo late J. Bentley, Craig Henry PLC & James Robert Craig Craig! ( `` All-caps paragraphs are an example of self-defeating Typography '' ), 683 n.8 ( Cir... F.2D 1269, 1280-81 ( 6th Cir is only enforceable if both parties agree to be bound by it 9:10. ( She ripped 6 years after I fixed the leaky liner it blue world pools class action lawsuit for initial... Other chemicals as well, the Court will first discuss plaintiffs ' argument that arbitration! A class action lawsuit 87 ( 2010 ) ( citing first options of Chi. Inc.. 'S analysis installing it yourself 1269, 1280-81 ( 6th Cir offers affordable deluxe! Leave sharp edges ahead and try that did you sign an installment agreement with the sales team we pleased! Many courts to enforce arbitration agreements should be not enforced because they both. Tips about pool Companies delivered to your inbox, 403-04 ( 1967 ) ; s current list of open and.