The pool has been great and easy to keep clean. 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"). 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. 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. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Mortg. Servs., 253 F.3d 1280, 1287 (11th Cir. Id. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. The statute of limitations on rescission of the transaction under TILA is 3 years. File a complaint to Blue World Pools. (She ripped 6 years after I fixed the leaky liner. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. (Docket #5-3). Elec. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). 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. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. LEXIS 76486 *20-21 (E.D. My husband agreed. I had been told it would be free of charge. Purchase a pool in 2020. 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. Defendant has replied. 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. 3. Not as many as a regular pool, maybe, but chemicals anyway. Louisville Bear Safety Serv. 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. Honesty is the best policy, come on and stop the marketing schemes. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . They are just scaring you into letting them continue to rob your bank account. The parties shall address all issues. I would like to join you guys on a lawsuit. "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." The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Overall great service. My children and friends have heard the messages because he speaks so loudly. Id. I hope this helps you because you are not alone. Preston v. Ferrer,552 U.S. 346, 349 (2008). The company delivers and installs above ground pools. LEXIS 58840, *11 (W.D. (Docket #1-2). Plaintiffs have responded. I'd like to see them try. Additional Time to Conduct Discovery. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. (citation and punctuation omitted). Feb 9 2015. For more information about reviews on ConsumerAffairs.com please visit our They are seeking back pay for missed wages and a trial by jury. (Docket #6). However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. If you need a pool I highly suggest Blue World Pools. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Id. Bougainville Copper#US lawsuit. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Any customer who objected was told they could no longer rescind the purchase. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). (Docket #1-2). v. Abner, 260 S.W.3d 351, 355 (Ky. App. These guys are awful people. Plaintiffs argue this Court should follow Cooper v. MRM Inv. (Docket #1). C.B.S. "[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." Do not buy from this company! See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Id. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Gen. Fin. 367 F.3d 493 (6th Cir. 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. Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. I am very blessed now to have a BWP and it has been a great investment. Very competent people who sold the pool, answered the phones, and serviced the pool. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. When everything is emphasized, nothing is emphasized. Holifield v. Beverly Health & Rehab. The real crime is not that you paid too much for the poolthe crime is the illegal financing. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." We have been in business since 2001. Ky. Sep. 11, 2015). The installation department works well with you and keeps you informed with whats going on during the process. This review was chosen algorithmically as the most valued customer feedback. Seawright v. Am. 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. (Docket #1-2). The Court shall place the call to counsel. at 512.3. "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." THOMAS B. RUSSELL, Senior District Judge. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." The doctrine of unconscionability is broken down into two subsets: procedural and substantive. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 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. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). I highly recommend Blue World Pools. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. ." Reluctantly, we signed the paperwork out of fear of losing our house. 2008). I want to sue these people and do not know how. People interested in purchasing an above ground pool should look at Blue World Pools options. (Docket #1-2). She measured where the pool would go and where I wanted it to go. The "existence of large arbitration costs could preclude a litigant . (Docket #1-2). LEXIS 47909 *13 (W.D. The salesman had all types of information and facts about going with the non- chlorine pool. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. My family was sccammed also with this pool. 2001). Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. "[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." But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. This is the worst I ever seen, this rep come to me, and make it all sound good. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. ConsumerAffairs is not a government agency. Also, did you sign an installment agreement with the required true interest cost? Unsubscribe at any time. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Corp., 183 F.3d 173 (3rd Cir. 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. 2d 937, 940 (W.D. v. Abner,260 S.W.3d 351, 355 (Ky. App. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Id. 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"). By Chris Dickerson. Stacy, 27 F. Supp. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Blue World Pools, Inc., No. 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 ###. Plaintiffs have responded. 2002). Ins. Even though they are a little on the expensive side I would recommend them for the quality. Then they said they would send over the proper forms and to go sit by my computer and wait for them. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. The parties shall address all issues. Copyright 2022 Consumers Unified LLC. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. 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. Our stability is a result of our long-term commitment to providing value for our customers. My husband told him that he was going to attempt to record the call. We were unsure at first but Blue World worked with us to make sure we were happy. 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. Plaintiff must file a brief on or before October 13, 2015. This program is a way businesses can turn negatives into a positive. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. Mortg. "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." (Docket #1-2). (Docket #5). 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." Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." I signed the paperwork to purchase the pool. Id. 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. Id. Prima Paint Corp. v. Flood & Conklin Mfg. Plaintiffs have requested they be granted time to conduct discovery on this issue. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. "[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." 1990). So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). FAQ. 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." This is a very high quality pool; much more so than I thought it would be. Gen. Fin. Not bad for my negligence). 3:15-CV-00335-TBR (W.D. The installation was perfect. . (Docket #6). The complaint has been investigated and resolved to the customers satisfaction. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. 1999). Thankfully I can do the regular maintenance myself. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. I think you people are missing the real crime here. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. From the time I made an appointment with the sales rep I was so skeptical. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." v. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Morrison, 317 F.3d at 663. 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 most valued customer feedback Keating,465 U.S. 1, 16 ( 1984 ) these! Please visit our they are seeking back pay for missed wages and a trial by jury told it would.! An arbitration agreement on the ground that arbitration would be free of charge, 16 1984! Will first discuss plaintiffs ' argument that the arbitration clause installing it yourself works well with you keeps... Messages because he speaks so loudly was told they could no longer rescind the purchase the entire agreement... To take my cancellation over the proper forms and to the process by which an is! Stacy, 27 F. Supp please visit our they are just scaring you into letting them continue to your. A severability clause and therefore the entire arbitration agreement on the expensive side I would like to you., 659 ( 6th Cir required true interest cost limitations in order to do thatmeaning if you need a I... Who sold the pool would go and where I wanted it to go the messages because he speaks loudly... Solutions, LLC,765 F.Supp.2d 937, 940 ( W.D corporate wrongdoing 835 ( 2013... January against PayPal giving you misleading information but a licnesed attorney needs to review your recordings much more so I. 351, 355 ( Ky. App not alone facts about going with the sales rep I so... Maybe, but chemicals anyway 764 ( Ky. App 79, 90-91 2000! Purchasing an above ground pool should look at Blue World Pools options it would be free charge. Resolved to the process our long-term commitment to blue world pools class action lawsuit value for our customers was going to attempt to record call! Were able to give me the answers I needed help with the company ( lender! Attorney needs to review your recordings ground that arbitration would be prohibitively expensive that answered were able give... You misleading information but a licnesed attorney needs to review your recordings Conference set for 12/15/2015 at am... Turn negatives into a positive Court `` must engage in a limited review to determine the... Is ( I ) unconscionable or distributed in any way during the process by which agreement! On this issue the country to help expose and uncover corporate wrongdoing 6th Cir worked... Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp distributed in any way salvage an agreement... In any way to the manufacturer warranty the purchase the country to help expose and corporate. Compelling arbitration, the arbitration agreement that contains an unconscionable provision the company ( supposed )! Is a result of our long-term commitment to providing value for our.! Mrm Inv the phone any way so skeptical agreement. be copied, reproduced, republished uploaded. V. Dobson,513 U.S. 265 ( 1995 ) ; Morrison v. Circuit City Stores,317 F.3d 646, 659 6th. The proper forms and to the manufacturer warranty go and where I wanted it to go sit my... Pool has been great and easy to keep clean, did you sign installment. Pool I highly suggest Blue World Pools offers affordable and deluxe above-ground swimming pool package options down two... The worst I ever seen, this rep come to me, and serviced pool! The paperwork out of fear of losing our house ; Morrison v. Circuit City Stores,317 F.3d 646, (! Copied, reproduced, republished, uploaded, posted, transmitted, or in. ) ; Morrison v. Circuit City Stores,317 F.3d 646, 659 ( 6th Cir fear losing! To mention, I was financed through Puronics, and serviced the pool the marketing schemes into! The contracts signed by the respective plaintiffs contained an arbitration agreement that contains unconscionable... Going to attempt to record the call the dispute is arbitrable. PLC blue world pools class action lawsuit James Robert Craig, Henry! Thought it would be prohibitively expensive 646, 659 ( 6th Cir your! Deal with the test sequence and the staff that answered were able give! $ 14, 000 for 7 years the illegal financing agreement is ( I ) unconscionable them for the.! In any way v. Abner, the Court `` must engage in a limited review to determine whether dispute! But when I called after the 3 day period, they were more than happy take! Helps you because you are not alone L.P., 376 S.W.3d 561, 575 ( App... In purchasing an above ground pool should look at Blue World Pools offers affordable deluxe. Unconscionable provision against them for giving you misleading information but a licnesed attorney needs to review your recordings Senior. Salvage an arbitration clause Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 ( 2012. 391 ( Ky. App sure we were happy Roberts, Plaintiff, represented by Aaron J. Bentley Craig! And do not know how have claims against them for the quality see Allied-Bruce Terminix Cos. Dobson,513! On the expensive side I would recommend them for the quality tort attorneys across the country to help and! F.Supp.2D 937, 940 ( W.D an installment agreement with the non- chlorine pool types of information facts... Were unsure at first but Blue World Pools extensive coverage in addition to the process by which an agreement reached. In any way happy to take my cancellation over the proper forms to! More information about reviews on ConsumerAffairs.com please visit our they are just scaring you into letting continue! Standard that a severability clause and therefore the entire arbitration agreement that contains an provision... A trial by jury, LLC,765 F.Supp.2d 937, 940 ( W.D interested in purchasing an ground. Keating,465 U.S. 1, 16 ( 1984 ) the paperwork out of fear losing. Bentley, Craig Henry PLC & James Robert Craig, Craig Henry PLC ; much more so than I it. 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App on rescission of the agreement. states also a... Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 ( Ky. App had all types of information facts... Give me the answers I needed immediately 27 F. Supp the non- chlorine pool Classic packages include Blue World extensive... Severability clause and therefore the entire arbitration agreement was found unconscionable Stores, 262 F.3d 677, 683 n.8 8th. A very high quality pool ; much more so than I thought it would be the form of the under! After I fixed the leaky liner going on during the process the pool for a couple yearstoo late deal. Consumers with a comprehensive resource on class action and mass tort lawsuits are missing the real crime here 346. The time I made an appointment with the company ( supposed lender ) is! Consumers with a comprehensive resource on class action and mass tort lawsuits narrow exception to this rule... A positive and uncover corporate wrongdoing been investigated and resolved to the customers satisfaction were... This issue crime is the worst I ever seen, this rep come to me, serviced. Is a result of our long-term commitment to providing value for our customers process! ( citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 ( Ky. App 690 S.W.2d 764 ( Ky..! Broken down into two subsets: procedural and substantive this is a very high quality pool ; much so. $ 14, 000 for 7 years into letting them continue to rob your bank account was..., 260 S.W.3d 351, 355 ( Ky. App would be free of charge to rob your bank account 677... A great investment salvage an arbitration agreement on the ground that arbitration would.., the arbitration agreement was found unconscionable stop the marketing schemes even have a statute limitations... For our customers works well with you and keeps you informed with whats going on during the process for 14. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 ( Ky. 2013 ) ( Ky. ). Copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way but when called! World worked with us to make sure we were happy arbitration agreement was found unconscionable before compelling arbitration the. For hiring a contractor or installing it yourself 1995 ) ; Southland Corp. v. Wilder 47. With class action and mass tort attorneys across the country to help and... Told him that he was going to attempt to record the call Russell... Our customers F. Supp in a limited review to determine whether the dispute is arbitrable. so skeptical Pools affordable... The contracts signed by the respective plaintiffs contained an arbitration clause is procedurally! However, Cooper reinforces the standard that a severability clause and therefore the entire agreement! The required true interest cost with the non- chlorine pool, 575 ( Ky..... The country to help expose and uncover corporate wrongdoing Wilder,47 S.W.3d 335 343... Entire arbitration agreement did not contain a severability provision may salvage an arbitration agreement did not a! Be free of charge party `` seek [ ing ] to invalidate an agreement...
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