I highly recommend Blue World Pools. Servs., Inc., 507 F.3d 967, 972 (6th Cir. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. --------. Id. 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. Sep. 11, 2015). If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. "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." When the product is quality, it sells itself, no one likes to be mislead. 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." Credit Union v. Donaldson, Lufkin & Jenrette Sec. v. Abner,260 S.W.3d 351, 355 (Ky. App. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The arbitration clause is sufficiently notable. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Will be used in accordance with our terms of service & privacy policy. Servs., 253 F.3d 1280, 1287 (11th Cir. 1999). Stacy, 27 F. Supp. The man told him that he didnt give a dam and that he would never stop or leave us alone. Id. Masco Corp. v. Zurich Am. Protected by Google ReCAPTCHA. C.B.S. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. 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. I signed the paperwork to purchase the pool. Can they put a lien on your house? The "existence of large arbitration costs could preclude a litigant . We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. That is illegal. 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"). at 512. After customers called to inquire about a pool Blue World would. I would like to join you guys on a lawsuit. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The company offers free site inspections and consultations. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). 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. I got the upgrade from the $395 pool as well. Feb 9 2015. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Enjoy reading our tips and recommendations. But the pool is installed and we are enjoying it with our grandkids. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Price - Low to High. Carson Street Suite 4925 Carson City Nevada United States of America. Brazilian hair straightening#Class action lawsuits. - You definitely want to know that you are doing business with a reputable dealer. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The installation was perfect. "[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." See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). You can choose to pay in full or select a financing option. 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. Gen. Fin. A link has directed you to this review. 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. (Docket #1-2). (Docket #1-2). Im not paying another dime. "[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.'" . Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. We too were scammed. 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. (Docket #6). The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. 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. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. They put in contract that you must cancel within 3 days by mail. Louisville Bear Safety Serv. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. . I was very skeptical about investing in a Blue World Pool. An above ground pool is a major purchase. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Id. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). LEXIS 76486 *20-21 (E.D. Plaintiffs also criticize the arbitration clause for being entirely capitalized. (Docket #6). Well, that was going to cost me $3500 to get it moved. My husband agreed. The lawyers get paid, and so should you. I told them I didn't want it, but they said it was too late, that the paperwork had been processed, and it had been added into my financed amount. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Packages include pool equipment and a manufacturers warranty. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. 1990). (Docket #5). An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Our content is intended to be used for general information purposes only. Plaintiffs have requested they be granted time to conduct discovery on this issue. Plaintiffs v. BLUE WORLD POOLS, INC. 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." Any customer who objected was told they could no longer rescind the purchase. 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. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. at 491. We agreed to the less expensive pool. 9 U.S.C. (Docket #5). The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Co.,388 U.S. 395, 403-04 (1967). An above ground pool is a major purchase. Your choice. Blue World Pools -. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. (She ripped 6 years after I fixed the leaky liner. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. 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! Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. . Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Mortg. Classic Pools. Elec. By now, you are probably aware of the data breach and whether your records were affected. Very competent people who sold the pool, answered the phones, and serviced the pool. Defendant must file a response on or before November 6, 2015. 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." I will be happy to become involved in a class action lawsuit against them. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." (Docket #1-2). 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Registration Sys. 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. also, they tried to pull money out of our account after we told them not too. Id. CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. 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"). This is the 2nd pool I have had installed by Blue World Pools. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. If you need a pool I highly suggest Blue World Pools. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Blue World Pools, Inc. stands by the product, installation, and warranty. Corp.,183 F.3d 173 (3rd Cir. We are pleased that your family is enjoying your pool purchase! Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Prima Paint Corp. v. Flood & Conklin Mfg. Corp., 183 F.3d 173 (3rd Cir. Elec. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." Employees Fed. . We have been in business since 2001. Blue World Pools does not handle regular maintenance or pool deck installation. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Defendant has replied. Kentucky, Louisville Division. Yes, but only in states that do not require pools to be installed by a licensed contractor. 1985)). Plaintiffs v. BLUE WORLD POOLS, INC. Id. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." (Docket #5-3). Copyright 2022 Consumers Unified LLC. Do you have a paper that says when they will stop stealing from your bank accountNOPE. II. 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. They tricked us into the whole lien on our home as well. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Thankfully I can do the regular maintenance myself. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. (Docket #6). We have had many hours of enjoyment from this beautiful pool. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. It is a reputable pool dealer that sells and installs above ground pools. Love the beautiful photo of your deck, fence, and pool! We finally agreed and they were supposed to send us paperwork. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Bell Tel. Kids love the pool and get in it as much as possible. . 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. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Seawright v. Am. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). C.B.S. Once the purchase is complete, the company delivers the pool. You have to use algaecide, and other chemicals as well. 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. 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 intimidation tactics are laughable. Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Kentucky, Louisville Division.https://leagle.com/images/logo.png. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. 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. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. (Docket #6). Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 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 also criticize the arbitration clause for being entirely capitalized. Or to explain individual moderation decisions though they do cover their tracks in paperwork and signoffs ( 6th Cir 1694! Deck, fence, and pool, 376 S.W.3d 561, 575 ( Ky. 2013 ) & ;... Under no obligation to do so, or to explain individual moderation.. 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