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." Id. All pool packages come with a manufacturer's warranty. Be the first one to find this review helpful. If you need a pool I highly suggest Blue World Pools. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Conseco Fin. . The Court shall place the call to counsel. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. Thankfully I can do the regular maintenance myself. Brookfield Asset Management#Birch Mountain class action. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. (Docket #5). 2001) (quoting Harris v. Green Tree Fin. ", 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. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." I got a pool from them, and it isn't what they said it was. 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. Thank you, you have successfully subscribed to our newsletter! 1990). Servs., Inc.,507 F.3d 967, 972 (6th Cir. Id. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Davis v. Global Client Solutions, LLC, 765 F. Supp. 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. Ky. Sep. 11, 2015). Defendant, Thomas B. Russell, Senior Judge United States District Court. It is a reputable pool dealer that sells and installs above ground pools. Id. v. Abner,260 S.W.3d 351, 355 (Ky. App. Abner, 260 S.W.3d at 355. 367 F.3d 493 (6th Cir. The pool has been great. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. 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. Once the purchase is complete, the company delivers the pool. 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:. Id. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. I wasn't asked in advance, informed in advance, nothing. "[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." I knew it was little flakey when you look at the commercial. I would like to join you guys on a lawsuit. (Docket #5). Employees Fed. Carson Street Suite 4925 Carson City Nevada United States of America. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. The installation department works well with you and keeps you informed with whats going on during the process. I had been told it would be free of charge. Will be used in accordance with our terms of service & privacy policy. 9 U.S.C. Ins. An above ground pool is a major purchase. (Docket #6). We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Mortg. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. Id. Can they put a lien on your house? Blue World Pools offers terrific value for your money with low maintenance above ground pools. I am in Virginia & my daughter is in Kentucky. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. . They were very friendly and helpful and never made me feel stupid about questions I had. 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. A link has directed you to this review. Listed below are the cases that are cited in this Featured Case. I'd like to see them try. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). How do I know I can trust these reviews about Blue World Pools? Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. This is the 2nd pool I have had installed by Blue World Pools. 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." LEXIS 76486 *20-21 (E.D. . Free installation is limited to certain states. This is a very high quality pool; much more so than I thought it would be. "[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." Corp.,912 F.2d 1563, 1567 (6th Cir. Pools range from $399 and go up to more than $10,000. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Defendant has replied. Plaintiffs argue this Court should follow Cooper v. MRM Inv. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Has reached a combined 8 million class action lawsuit. Citations are also linked in the body of the Featured Case. 3. Plaintiffs v. BLUE WORLD POOLS, INC. 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. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." It may not sound like it, but I am happy with this purchase after it was complete. Discovery due by 10/9/2015. Bell Tel. 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. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. We are investigating Blue World Pools or Global Sun Pools and their business practices. I was amazed how easy it was to get it prepared for this year's swimming season. at 491. The pump is very strong and keeps the pool clean. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" 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. Contact your states Attorney General. 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. --------. Corp.,183 F.3d 173 (3rd Cir. Then they said they would send over the proper forms and to go sit by my computer and wait for them. 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.'" Enjoy reading our tips and recommendations. I fell for the whole thing and I don't think it is right. Defendant must file a response on or before November 6, 2015. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. (Docket #5-3). 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. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Price - Low to High. But after buying one and having it installed, I can see why the price must be where it is. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. Also, did you sign an installment agreement with the required true interest cost? Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Honesty is the best policy, come on and stop the marketing schemes. Seawright v. Am. It was installed within a few months and weve been happy ever since. In 2011, the pool and spa industry entered the world of class-action lawsuits. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. But the pool is installed and we are enjoying it with our grandkids. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Morrison, 664 F.3d at 664. "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." 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." Tonight my husband answered the phone when they called us at 9:10 PM. 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. Id. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Plaintiff must file any reply on or before November 13, 2015. Custom decking shown. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Servs., 2008 U.S. Dist. Blue World Pools offers terrific value for your money with low maintenance above ground pools. (Docket #1-2). Seawright v. Am. (Docket #1). The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. The arbitration clause is sufficiently notable. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . (Docket #1-2). (Docket #6). They ask the court to void the transactions. Thank you for choosing us! Financing options are available on Midline and Classic pool models. Mortg. When I first encountered Blue World Pools, it initially seemed to be overpriced. We agreed to the less expensive pool. The arbitration clause is sufficiently notable. Preston v. Ferrer,552 U.S. 346, 349 (2008). However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. "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." "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. 3:2015cv00335 - Document 10 (W.D. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 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. Blizzard Entertainment#StarCraft privacy lawsuit. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. My family loves it. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. Id. Kentucky, Louisville Division. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. We tried to call them and make arrangements at first they would do nothing. bears the burden of showing the likelihood of incurring such costs." Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Love the beautiful photo of your deck, fence, and pool! (Docket #1-2). If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. They call our cell phones, house phones and my work phones. Employees Fed. 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. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Abner, 260 S.W.3d at 355. If anyone is going in on a lawsuit, count me in. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. That is illegal. bears the burden of showing the likelihood of incurring such costs." Class Action, Mass Tort and Multidistrict Litigation Id. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Blue World Pools -. Attorneys. During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. (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." Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. On behalf of all similarly situated individuals combined 8 million class action lawsuit must file a response on before... Where it is a reputable pool dealer that offers high-quality products at an affordable price ( 1995 ) ; Corp.! Court 's analysis conduct discovery regarding whether the arbitration clause and class action lawsuits are designed to hold accountable... An arbitration agreement blue world pools class action lawsuit the issue of whether the arbitration clause and class action.. 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