Green Tree Fin. Green Tree, 531 U.S. at 90-91. II. The salesman had all types of information and facts about going with the non- chlorine pool. Copyright 2022 Consumers Unified LLC. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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." 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"). Even though they are a little on the expensive side I would recommend them for the quality. I want to sue these people and do not know how. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Then they said they would send over the proper forms and to go sit by my computer and wait for them. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. The Court shall place the call to counsel. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Pools range from $399 and go up to more than $10,000. "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. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . . 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." Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Not bad for my negligence). Additional Time to Conduct Discovery. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. We did do a contract and now that we went through a divorce they put a lien on the property. I just want them to take the thing back. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Purchase a pool in 2020. Abner, 260 S.W.3d at 355. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. . Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. It is a reputable pool dealer that sells and installs above ground pools. This review was chosen algorithmically as the most valued customer feedback. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). 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." 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.'" The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. . Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. The man called my husband a liar, told him to give him a break, yelled at him. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. Co., 388 U.S. 395, 403-04 (1967). 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. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Id. He was very professional and knowledgeable and answered all my questions and concerns. 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. Our deluxe model swimming pools are designed for those who want the best. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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." 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." 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. 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. www.wspa.com ( pool complaints ) Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Buena Vista Rancheria of Me-Wuk Indians of California#History. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. 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. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. ANDREW ROBERTS, et al., Plaintiffs, (Docket #1-2). 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. 2001) (quoting Harris v. Green Tree Fin. That is illegal. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. 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. She measured where the pool would go and where I wanted it to go. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. From the time I made an appointment with the sales rep I was so skeptical. 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. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Its a great investment for family enjoyment. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. I hope this helps you because you are not alone. 9 U.S.C. It does not deliver what was promised. v. S. Cent. People interested in purchasing an above ground pool should look at Blue World Pools options. (Docket #9). By Chris Dickerson. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. from effectively vindicating her federal statutory rights in the arbitral forum." Gen. Fin. Ins. The burden of proof is on them to show a proponderance of the evidence that you owe them something. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. 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 paid faithfully on-time for the first year and a half. Servs., 253 F.3d 1280, 1287 (11th Cir. 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. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. "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." "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Has reached a combined 8 million class action lawsuit. The company offers free site inspections and consultations. They call our cell phones, house phones and my work phones. 3. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Contact your states Attorney General. We agreed to the less expensive pool. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. I was so happy with the service!! It may very well be the first anti-trust class action in the industry. Free installation is limited to certain states. Kentucky, Louisville Division. The statute of limitations on rescission of the transaction under TILA is 3 years. . Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 3d 776, 789-90 (E.D. C.B.S. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. But after buying one and having it installed, I can see why the price must be where it is. 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. United States District Court, W.D. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Defendant must file a response on or before November 6, 2015. Abner, 260 S.W.3d at 355. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." First one lasted 14 years with same original pump and sand filter! The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. 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., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (Docket #1-2). (Docket #5-3). For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The parties shall address all issues. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. We were unsure at first but Blue World worked with us to make sure we were happy. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. (Docket #9). 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. 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"). I decided to check it out and the sales rep was awesome. Bougainville Copper#US lawsuit. "[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." 1985)). In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Plaintiff must file a brief on or before October 13, 2015. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. I was amazed how easy it was to get it prepared for this year's swimming season. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Some of the contracts have Truth-In-Lending Act (TILA) violations. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. He never says that this is an attempt to collect a debt. (Docket #1-2). Blue World Pools Inc. Blue World Pools Overview. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Nope. Click the citation to see the full text of the cited case. 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. 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." Kentucky, Louisville Division.https://leagle.com/images/logo.png. (Docket #6). But the pool is installed and we are enjoying it with our grandkids. 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. Im extremely pleased with the ending results. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." "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." When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! 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. 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. 1990). Do not buy from this company! They are just scaring you into letting them continue to rob your bank account. Id. The installation department works well with you and keeps you informed with whats going on during the process. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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. Stacy, 27 F. Supp. 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. v. Abner, 260 S.W.3d 351, 355 (Ky. App. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Share your photos and videos with others to prove the truth of your words. Id. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Because they will do it as long as they want. Corp., 912 F.2d 1563, 1567 (6th Cir. 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." I will be happy to become involved in a class action lawsuit against them. "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. It was set up a few days ago and I am so happy with it. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. (Docket #5). If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. They ask the court to void the transactions. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. . Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Id. "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." bears the burden of showing the likelihood of incurring such costs." An above ground pool is a major purchase. Registration Sys. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. I think you people are missing the real crime here. 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 limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. My family has greatly enjoyed the pool! This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. Seawright v. Am. I pool ionizer is great, and even after heavy rains the water stays clear. They tricked us into the whole lien on our home as well. 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. Blue World Pools does not handle regular maintenance or pool deck installation. But when the pool got there we had to pay extra for 52 inches. 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"). (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." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. When I first encountered Blue World Pools, it initially seemed to be overpriced. 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. Kids love the pool and get in it as much as possible. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Love the beautiful photo of your deck, fence, and pool! The lawyers get paid, and so should you. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. - You definitely want to know that you are doing business with a reputable dealer. C.B.S. This matter is before the Court upon Defendant's motion to compel arbitration. Green Tree Fin. Financing options are available on Midline and Classic pool models. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. A link has directed you to this review. Id. 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 ###. 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