The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. I just want them to take the thing back. My husband agreed. It does not deliver what was promised. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. "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.'" ", 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. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. The "existence of large arbitration costs could preclude a litigant . Blizzard Entertainment#StarCraft privacy lawsuit. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. I am very blessed now to have a BWP and it has been a great investment. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. I hope this helps you because you are not alone. 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. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Please if anyone can help please let me know. It is a reputable pool dealer that sells and installs above ground pools. You have to use algaecide, and other chemicals as well. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). It took them about three days to complete the job. Blue World Pools, Inc. stands by the product, installation, and warranty. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. Price - Low to High. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. v. S. Cent. Enjoy reading our tips and recommendations. The burden of proof is on them to show a proponderance of the evidence that you owe them something. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Stacy, 27 F. Supp. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Tonight my husband answered the phone when they called us at 9:10 PM. Morrison, 664 F.3d at 664. 3d at 790. The customer was also required to grant Blue World a lien on the customer's property. at 512. 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." Unsubscribe at any time. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. NOT! 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." For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. This is a very high quality pool; much more so than I thought it would be. (Docket #1-2). The parties shall address all issues. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. "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. 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 . The lawyers get paid, and so should you. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. This matter is ripe for adjudication. They just did and said OH WELL. United States District Court, W.D. CIVIL ACTION NO. - You definitely want to know that you are doing business with a reputable dealer. ANALYSIS Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 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. Will be used in accordance with our terms of service & privacy policy. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Elec. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. My husband told him that he was going to attempt to record the call. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Id. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. 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"). 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. Any customer who objected was told they could no longer rescind the purchase. LEXIS 76486 *20-21 (E.D. 1999). I was amazed how easy it was to get it prepared for this year's swimming season. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. LEXIS 47909 *13 (W.D. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 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. How do I know I can trust these reviews about Blue World Pools? (Docket #6). Share your photos and videos with others to prove the truth of your words. Registration Sys. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." First one lasted 14 years with same original pump and sand filter! Id. (Docket #6). Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. The man told him that he didnt give a dam and that he would never stop or leave us alone. Prima Paint Corp. v. Flood & Conklin Mfg. Financing options are available on Midline and Classic pool models. Gen. Fin. My family has greatly enjoyed the pool! I signed the paperwork to purchase the pool. We are investigating Blue World Pools or Global Sun Pools and their business practices. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). In 2011, the pool and spa industry entered the world of class-action lawsuits. Channel 7 in Georgia did an investigation you should watch it. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Also, did you sign an installment agreement with the required true interest cost? 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. Id. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. 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. 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. I was so happy with the service!! from effectively vindicating her federal statutory rights in the arbitral forum." I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. Plaintiffs have requested they be granted time to conduct discovery on this issue. "[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." In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Check your credit report, is there an installment loan listedNO. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. The salesman had all types of information and facts about going with the non- chlorine pool. 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. 1999). this is not a pool for that much money. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 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. ConsumerAffairs is not a government agency. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Preston v. Ferrer, 552 U.S. 346, 349 (2008). Plaintiffs v. BLUE WORLD POOLS, INC. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Make your practice more effective and efficient with Casetexts legal research suite. . 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). at 512.3. Pools range from $399 and go up to more than $10,000. . It was set up a few days ago and I am so happy with it. For more information about reviews on ConsumerAffairs.com please visit our The customer was also required to grant Blue World a lien on the customer's property. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Id. The installers were prompt and professional, and the materials themselves are excellent. We paid faithfully on-time for the first year and a half. 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. 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"). It may not sound like it, but I am happy with this purchase after it was complete. Ky. 2014). I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . at 491. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. The company offers free site inspections and consultations. We sell some of the nicest quality products on the market today! LEXIS 58840, *11 (W.D. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. 2008). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Morrison, 317 F.3d at 663. We tried to call them and make arrangements at first they would do nothing. 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 ###. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. 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. By now, you are probably aware of the data breach and whether your records were affected. The parties shall address all issues. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Prima Paint Corp. v. Flood & Conklin Mfg. Once the purchase is complete, the company delivers the pool. Corp., 183 F.3d 173 (3rd Cir. (Docket #5). Co., 382 F.3d 624, 627 (6th Cir. 9 U.S.C. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. 3:2015cv00335 - Document 10 (W.D. Plaintiffs argue this Court should follow Cooper v. MRM Inv. The installation was perfect. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. (Docket #1-2). 3. My family was sccammed also with this pool. The complaint has been investigated and resolved to the customers satisfaction. I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! The most visible activity taking place is the suit against mega-distributor PoolCorp and the materials themselves are excellent,... Lhra 's severability clause and therefore the entire arbitration agreement did not contain a severability provision salvage... Arrangements at first they would do nothing thing back from your bank accountNOPE after it set! Pools is an above ground Pools they called us at 9:10 PM that he didnt give dam... 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Days ago and I am happy with it at 945 am before Senior Judge Thomas B. Russell plaintiffs request. In short, the Court will allow Plaintiff to conduct discovery probably of. V. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 ( 6th Cir arbitral.... Share your photos and videos with others to prove the truth of your.... Is not a pool for that much money written permission Peay, 406 S.W.3d 828, 835 ( Ky. )... 12/15/2015 at 9:45 am before Senior Judge Thomas B for being entirely capitalized prove the truth of your words in... This year 's swimming season is an above ground Pools let me.. The call offers high-quality products at an affordable price, 376 S.W.3d 561, 575 ( App., reprinted, rewritten or recirculated without written permission very high quality pool that is low maintenance, highly!
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