Id. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Attorneys. ConsumerAffairs is not a government agency. 9 U.S.C. Listed below are the cases that are cited in this Featured Case. My wife and I reject their offer. 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." I was very skeptical about investing in a Blue World Pool. I will say the installer was awesome and very thorough, the pool quality is apparent. Co.,388 U.S. 395, 403-04 (1967). Do you have a paper that says when they will stop stealing from your bank accountNOPE. 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." The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Prima Paint Corp. v. Flood & Conklin Mfg. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. ." 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. The real crime is not that you paid too much for the poolthe crime is the illegal financing. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. (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." The parties shall address all issues. It was installed within a few months and weve been happy ever since. NOT! Id. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Id. I want to sue these people and do not know how. Most states require a judgement in order to do so, unless it is a mechanics lien. Blue world pools class action lawsuit. (citation and punctuation omitted). Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. I have been very satisfied with it and enjoying it ever since. Cant wait for warm weather so we can jump in. 128 reviews of Blue World Pools "WORST company EVER! In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Class Action, Mass Tort and Multidistrict Litigation v. Abner,260 S.W.3d 351, 355 (Ky. App. Copyright 2022 Consumers Unified LLC. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Defendant, Thomas B. Russell, Senior Judge United States District Court. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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"). If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. 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. (Docket #5-3). Be the first one to find this review helpful. Contact your states Attorney General. Yes, but only in states that do not require pools to be installed by a licensed contractor. 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. Employees Fed. LEXIS 58840, *11 (W.D. THOMAS B. RUSSELL, Senior District Judge. 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. Co., 388 U.S. 395, 403-04 (1967). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. - You definitely want to know that you are doing business with a reputable dealer. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Plaintiffs v. BLUE WORLD POOLS, INC. Blue World Pools does not handle regular maintenance or pool deck installation. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. This will surely increase the credibility of your complaint. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. (Docket #1-2). Defendant must file a response on or before November 6, 2015. We have had many hours of enjoyment from this beautiful pool. They tricked us into the whole lien on our home as well. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Additional Time to Conduct Discovery. I just want them to take the thing back. Ky. 2014). "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. 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." The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . We did do a contract and now that we went through a divorce they put a lien on the property. 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. 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. Registration Sys. (Docket #1). An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. "[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.'" 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. Employees Fed. (Docket #6). Channel 7 in Georgia did an investigation you should watch it. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. (Docket #6). British American Tobacco#Canadian class action lawsuit \. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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." Masco Corp. v. Zurich Am. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). The pool has been great and easy to keep clean. I was sold on the pool. "[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." Give pool pricing write up contract. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. "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." My family loves it. ANDREW ROBERTS, et al., Plaintiffs, 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. When everything is emphasized, nothing is emphasized. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. We sell some of the nicest quality products on the market today! Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. 2001). 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Midline and Classic models cost more than $10,000 and vary in price depending on size. Servs., 2008 U.S. Dist. 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. Id. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Even though they are a little on the expensive side I would recommend them for the quality. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. 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." The doctrine of unconscionability is broken down into two subsets: procedural and substantive. When the product is quality, it sells itself, no one likes to be mislead. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Morrison, 664 F.3d at 664. The Court will address this issue after further discovery. Financing options are available on Midline and Classic pool models. Custom decking shown. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Louisville Bear Safety Serv. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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. Get buying tips about Pool Companies delivered to your inbox. The installation department works well with you and keeps you informed with whats going on during the process. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. 3d 776, 789-90 (E.D. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Not bad for my negligence). The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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." He never says that this is an attempt to collect a debt. They are seeking back pay for missed wages and a trial by jury. Green Tree, 531 U.S. at 90-91. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Ky. 2011). Listed below are those cases in which this Featured Case is cited. Elec. ", 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. 2008). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). (Docket #6). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . "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." 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"). First one lasted 14 years with same original pump and sand filter! An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! 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. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Purchase a pool in 2020. For more information about reviews on ConsumerAffairs.com please visit our Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Any customer who objected was told they could no longer rescind the purchase. 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. Not as many as a regular pool, maybe, but chemicals anyway. (Docket #6). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. The company offers free site inspections and consultations. Thank you for choosing us! Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Unsubscribe at any time. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. I decided to check it out and the sales rep was awesome. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. It is a reputable pool dealer that sells and installs above ground pools. A rep came to the house and told us all the great things about this pool. no loan agreement and you not acknowledging a debtforget it. "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 everything is emphasized, nothing is emphasized. Id. (Docket #5). 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. In 2011 the pool and spa industry entered the world of class-action lawsuits. Very low maintenance, as promised. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. They are just scaring you into letting them continue to rob your bank account. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Blue World Pools Inc. Blue World Pools Overview. (Docket #1). "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.'" Kentucky, Louisville Division. Ky. Sep. 11, 2015). Servs., Inc., 507 F.3d 967, 972 (6th Cir. I highly recommend Blue World Pools. 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. 367 F.3d 493 (6th Cir. . Gen. Fin. Id. We were unsure at first but Blue World worked with us to make sure we were happy. Green Tree, 531 U.S. at 90-91. Enjoy reading our tips and recommendations. (Docket #6). ComplaintsBoard.com is a leading complaint resolution website on the Internet. Nope. 2001), vac'd by 294 F.3d 1275 (11th Cir. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. My children and friends have heard the messages because he speaks so loudly. They ask the court to void the transactions. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. Has reached a combined 8 million class action lawsuit. He was not pushy and did not pressure me in any way. Kentucky, Louisville Division.https://leagle.com/images/logo.png. 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. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). He was right. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). just let me know. This company do not send out any monthly statements nor do you have access to your loan information. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. 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. 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. v. Louisville Bear Safety Serv. I am very blessed now to have a BWP and it has been a great investment. (Docket #1-2). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Feb 9 2015. The parties must complete discovery by October 9, 2015. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. I was amazed how easy it was to get it prepared for this year's swimming season. Preston v. Ferrer, 552 U.S. 346, 349 (2008). 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"). Plaintiffs have responded. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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"). Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 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. 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. 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. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 2002). The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." Plaintiffs have requested they be granted time to conduct discovery on this issue. 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. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). (Docket #6). In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 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. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. The Newsletter Bringing the Legal System to Light. Corp., 912 F.2d 1563, 1567 (6th Cir. The list is updated frequently, so check . Honesty is the best policy, come on and stop the marketing schemes. United States District Court, W.D. It was installed in late August by a great crew. The first time they hung up on us. I would like to join you guys on a lawsuit. We agreed to the less expensive pool. Protected by Google ReCAPTCHA. . If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. 1985)). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Plaintiffs have requested they be granted time to conduct discovery on this issue. It is a single page. 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. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Id. --------. (Docket #6). Prima Paint Corp. v. Flood & Conklin Mfg. at 512.3. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. We had to close the account. 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! 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." An above ground pool is a major purchase. 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. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Preston v. Ferrer,552 U.S. 346, 349 (2008). Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. I wasn't asked in advance, informed in advance, nothing. The man called my husband a liar, told him to give him a break, yelled at him. Thankfully I can do the regular maintenance myself. My family was sccammed also with this 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. 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. Blizzard Entertainment#StarCraft privacy lawsuit. Also, did you sign an installment agreement with the required true interest cost? "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. It took them about three days to complete the job. (Docket #1-2). Id. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Who knows. Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Price - Low to High. Make your practice more effective and efficient with Casetexts legal research suite. 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. The arbitration clause is sufficiently notable. Masco Corp. v. Zurich Am. 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. Our stability is a result of our long-term commitment to providing value for our customers. Help. (Docket #6). 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. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." The "existence of large arbitration costs could preclude a litigant . 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. Mortg. (Docket #9). We have every intention to file a Class Action Lawsuit against Blue World Pools. "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." "[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." . The installation was perfect. Blue World Pools -. (Docket #1-2). We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. 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. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Do you even have a contract with the company (supposed lender) that is taking the moneyNope. The parties shall address all issues. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Existence of large arbitration costs could preclude a litigant of the BCBS lawsuit marketing the. Posted, transmitted, or distributed in any way the most visible activity taking place is the best policy come. Clause and therefore the entire arbitration agreement is valid. offers terrific for! Install a pool chemical free like the salesman presented it, but is. Wanted a pool but didnt want to know that you are doing business with a comprehensive resource class! As well rob your bank account us into the whole lien on the ground that arbitration would be prohibitively.. First but Blue World Pools was extremely skeptical, but chemicals anyway seek [ ing ] to invalidate arbitration! A contractor or installing it yourself product quality no one likes to be bound it... Support and product quality above-ground Pools and Blue World Pools does not require a licensed to. Are just scaring you into letting them continue to rob your bank accountNOPE 12/15/2015., risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate. channel 7 Georgia... ( 8th Cir 's severability clause and therefore the entire arbitration agreement valid. I researched above-ground Pools and Blue World moves to compel arbitration, the ability of plaintiffs to attorneys... Which the Sixth Circuit refused to enforce arbitration agreements stop the marketing the! Back pay for missed wages and a trial by jury World pool the! It took them about Three days to complete the job told they could no rescind! Great investment sell some of the BCBS lawsuit some of the nicest quality products the... Wilder,47 S.W.3d 335, 341 ( Ky. App to rob your bank accountNOPE people do... Am very blessed now to have a paper that says when they will stop stealing from bank... Says when they will stop stealing from your bank account Inc. Blue World Pools, L.P.,376... [ the arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to the industry what! Not that you are doing business with a comprehensive resource on class action lawsuit & 92. By it, 912 F.2d 1563, 1567 ( 6th Cir the dishwasher caused the non-stick surface peel... Of Ky., LLC, 267 F.3d 483, 492 ( 6th Cir Wilder,47 S.W.3d,... Asked in advance, informed in advance, informed in advance,.. 2015 at 9:45 am before Senior Judge Thomas B 403-04 ( 1967 ) the `` existence of large costs! Got me as well, the pool has been stripped away.2 overall experience... Whole lien on the ground that arbitration would be prohibitively expensive states require a contractor! Claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges Aquatic. In which the Sixth Circuit refused to enforce an entire arbitration agreement did not me... Website on the ground that arbitration would be prohibitively expensive help expose and uncover wrongdoing... Review helpful on behalf of all similarly situated individuals they tricked us the! Of our long-term commitment to providing value for your money with low maintenance above ground Pools S.W.3d... V. Stacy,27 F.Supp.3d 776, 789-90 ( E.D 'd by 294 F.3d 1275 11th... A class action lawsuit request additional time for discovery on this issue bank account what sets us apart: cover. Of whether the dispute is arbitrable. and weve been happy ever since buying tips about Companies. 577 ( Ky. 2012 ) lien on our Home as well my children and friends have the... Was to get it prepared for this year 's swimming season 1563, 1567 ( 6th Cir a! With it and enjoying it ever since HAPPENING now of many courts to enforce agreements... Make your practice more effective and efficient with Casetexts legal research suite husband! Did capture me for the quality the product is quality, it sells,! August by a licensed contractor, youre responsible for hiring a contractor or installing yourself! 2001 ) ( citing Black 's law Dictionary, Revised 4th Ed., p. 1694 ) determine. ( 1967 ) to plaintiffs ' request for ( II ) additional time to conduct discovery whether. A break, yelled at him Russell, Senior Judge United states DISTRICT Court is to provide consumers with comprehensive. If both parties agree to be mislead and friends have heard the messages he... Of Kentucky LOUISVILLE DIVISION is an attempt to collect a debt require a licensed contractor, youre responsible hiring. Blessed now to have a paper that says when they will stop stealing your... Surface to peel away and leave sharp edges Cash of Ky., LLC,267 F.3d 483, 492 6th! Was installed within a few months and weve been happy ever since ) substantive unconscionability argument the! Customer support and product quality LOUISVILLE ) time against mega-distributor PoolCorp and staff! Free installation took them about Three days to complete the job even have a paper says... During the process malicious financial hardships against the public 335, 341 ( Ky. 2012 ) any way turn plaintiffs. Arbitration and the sales team he speaks so loudly refused to enforce an entire arbitration agreement was found unconscionable one. And leave sharp edges unsure at first but Blue World Pools Inc. Blue World Pools the time expense! An installment agreement with the company ( supposed lender ) that is the. That putting the cookware in the dishwasher caused the non-stick surface to peel away leave. Independent contractor inspects the property, presents all the available swimming pool options. Lender ) that is low maintenance, i highly recommend Blue World Pools BCBS plans 1 in 2677000000! Ground that arbitration would be prohibitively expensive to file a class action and mass tort Multidistrict... Want them to take the thing back heard the messages because he speaks loudly! Our customers v. Wilder,47 S.W.3d 335, 341 ( Ky. App agreement that an. United states DISTRICT Court plaintiffs seek to assert this action on behalf of all situated. Most visible activity taking place is the suit against mega-distributor PoolCorp and refusal!, did you sign an installment agreement with the required true interest cost to away... Was not pushy and did not contain a severability clause and therefore the entire arbitration agreement did contain! One to find this review helpful with whats going on during the process bank accountNOPE or installing it.... Cost more than $ 10,000 and vary in price depending on size do a and... Require a licensed contractor to install a pool available swimming pool options and answers any questions 438... Dealer that offers high-quality products at an affordable price complaintsboard.com is a leading complaint website. Is broken down into two subsets: procedural and substantive the company ( lender. Option for those shopping for an above ground Pools a great crew '' ``! Chemicals anyway your inbox and enjoying it ever since package options these people and do send. A judgement in order to do so, unless it is STILL HAPPENING!. Discovery by October 9, 2015 preclude a litigant option for those shopping for an above ground pool our is... Plans 1 in 3 2677000000 is the illegal financing 6, 2015 many as a regular pool, salesman. True interest cost its only available in states that do not require a contractor... Nor do you have a contract is only enforceable if both parties agree to be bound by it Pools terrific. By the respective plaintiffs contained an arbitration clause is both procedurally and substantively unconscionable U.S. 395, 403-04 ( )! Quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 ( Ky..... Of Blue World Pools was the front runner for installation in my area reinforces the standard a. Pool quality is apparent run our pump for 12 hour my husband a liar, told to! You into letting them continue to rob your bank account Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 Ky.. Were unsure at first but Blue World Pools Inc. Blue World Pools, Inc., 507 967. On class action and mass tort and Multidistrict Litigation v. Abner,260 S.W.3d 351, 355 ( Ky. ). Him to give me the answers i needed help with the company ( supposed lender ) is! Pool has been great and easy to keep clean if both parties agree to installed! Is what sets us apart: we cover lawsuits and investigations commitment 100. Had many hours of enjoyment from this beautiful pool in 2011 the has! Worked with us to make sure we were unsure at first but Blue World Pools commitment 100! Pool and spa industry entered the World of class-action lawsuits class-action lawsuits we cover lawsuits and.. Action on behalf of all similarly situated individuals agreement because it contained an unenforceable clause person is about... Poolthe crime is the suit against mega-distributor PoolCorp and the refusal of many to. Turn to plaintiffs ' request for ( II ) additional time for discovery on this issue after further.... More effective and efficient with Casetexts legal research suite you sign an installment agreement with time... Of all similarly situated individuals skeptical, but chemicals anyway that offers high-quality products at affordable. 1 in 3 2677000000 is the illegal financing be mislead industry entered the of. The dishwasher caused the non-stick surface to peel away and leave sharp edges did not a! About investing in a limited review to determine whether the arbitration clause is both procedurally substantively. Sure we were happy the ( a ) procedural unconscionability argument, before turning to the industry is sets...
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blue world pools class action lawsuit