Morrison, 317 F.3d at 663. Blue World Pools offers terrific value for your money with low maintenance above ground pools. This program is a way businesses can turn negatives into a positive. Installation is included in the price and can be done in a matter of days. 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. The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. . Price - Low to High. I was very skeptical about investing in a Blue World Pool. Green Tree Fin. 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." He was right. 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. An above ground pool is a major purchase. The salesman had all types of information and facts about going with the non- chlorine pool. I want to sue these people and do not know how. Discovery due by 10/9/2015. I was so happy with the service!! Our stability is a result of our long-term commitment to providing value for our customers. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Ky. 2011). Brought as a member of a class action or brought as a private attorney general action. 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. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. The parties must complete discovery by October 9, 2015. Citations are also linked in the body of the Featured Case. The Court will address this issue after further discovery. 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 sold on the pool. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Id. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Thank you for choosing us! Who knows. 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. Our content is intended to be used for general information purposes only. I got the upgrade from the $395 pool as well. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 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. Plaintiffs have requested they be granted time to conduct discovery on this issue. 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. 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. He was not pushy and did not pressure me in any way. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. I think you people are missing the real crime here. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Not bad for my negligence). 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"). Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Blue World Pools -. . All pool packages come with a manufacturer's warranty. 9 U.S.C. British American Tobacco#Canadian class action lawsuit \. We tried to call them and make arrangements at first they would do nothing. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. Thank you, you have successfully subscribed to our newsletter! ComplaintsBoard.com is a leading complaint resolution website on the Internet. at 512.3. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Do you have a paper that says when they will stop stealing from your bank accountNOPE. "[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." This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Additional Time to Conduct Discovery. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. In 2011 the pool and spa industry entered the world of class-action lawsuits. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Once the purchase is complete, the company delivers the pool. Reluctantly, we signed the paperwork out of fear of losing our house. We are pleased that your family is enjoying your pool purchase! 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. Elec. In 2011, the pool and spa industry entered the world of class-action lawsuits. Click the citation to see the full text of the cited case. C.B.S. They call our cell phones, house phones and my work phones. The company delivers and installs above ground pools. ANALYSIS (Docket #6). The pool has been great. (Docket #1-2). Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. . (Docket #5). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Customers can also install pools themselves. Seawright v. Am. 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." Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. Gen. Fin. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). My children and friends have heard the messages because he speaks so loudly. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Pools range from $399 and go up to more than $10,000. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Bought a 24 foot round pool. this is not a pool for that much money. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. Id. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. 2008). 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. Cant wait for warm weather so we can jump in. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Plaintiff must file any reply on or before November 13, 2015. (Docket #1). This will surely increase the credibility of your complaint. The company offers free site inspections and consultations. (Docket #6). (Docket #1). 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." Louisville Bear Safety Serv. Id. The "existence of large arbitration costs could preclude a litigant . For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Because they will do it as long as they want. That is illegal. Then they said they would send over the proper forms and to go sit by my computer and wait for them. Defendant must file a response on or before November 6, 2015. The Newsletter Bringing the Legal System to Light. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Corp., 912 F.2d 1563, 1567 (6th Cir. Bell Tel. 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. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). (Docket #6). Overall great service. Co.,382 F.3d 624, 627 (6th Cir. They were very friendly and helpful and never made me feel stupid about questions I had. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Ky. 2014). Employees Fed. Brookfield Asset Management#Birch Mountain class action. My family loves it. (Docket #1-2). I would recommend them to anyone! But the pool is installed and we are enjoying it with our grandkids. United States District Court, W.D. This matter is before the Court upon Defendant's motion to compel arbitration. (Docket #6). (Docket #1-2). Stacy, 27 F. Supp. ." Its location on this page may change next time you visit. Holifield v. Beverly Health & Rehab. from effectively vindicating her federal statutory rights in the arbitral forum." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. (Docket #1-2). I am very blessed now to have a BWP and it has been a great investment. v. S. Cent. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Conseco Fin. 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. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. LEXIS 76486 *20-21 (E.D. Morrison, 664 F.3d at 664. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I will say the installer was awesome and very thorough, the pool quality is apparent. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. Co., 382 F.3d 624, 627 (6th Cir. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Plaintiff must file any reply on or before November 13, 2015. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. - You definitely want to know that you are doing business with a reputable dealer. 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. Brazilian hair straightening#Class action lawsuits. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. This matter is ripe for adjudication. 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. "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." MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 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. 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." Check your credit report, is there an installment loan listedNO. LEXIS 58840, *11 (W.D. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Click on the case name to see the full text of the citing case. 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. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." (Docket #6). For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. "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." 2002). People interested in purchasing an above ground pool should look at Blue World Pools options. Now i cant get my house back because of that dumb ### purchase. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Blue World Pools offers affordable and deluxe above-ground swimming pool package options. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. LEXIS 58840, *11 (W.D. Abner, 260 S.W.3d at 355. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. You have to use algaecide, and other chemicals as well. Employees Fed. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. I just want them to take the thing back. 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. The intimidation tactics are laughable. When everything is emphasized, nothing is emphasized. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. I highly recommend Blue World Pools. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." 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. 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"). . The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. If anyone is going in on a lawsuit, count me in. . 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. 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.'" "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. (Docket #1-2). Kids love the pool and get in it as much as possible. Registration Sys. Custom decking shown. 3:2015cv00335 - Document 10 (W.D. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. They ask the court to void the transactions. The installation department works well with you and keeps you informed with whats going on during the process. (Docket #6). 3. We have every intention to file a Class Action Lawsuit against Blue World Pools. So, we're kind of orphaned right now. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . 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." 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. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Mortg. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." In your case either as a gesture of good will or in order to avoid a lawsuit. Yes, but only in states that do not require pools to be installed by a licensed contractor. The burden of proof is on them to show a proponderance of the evidence that you owe them something. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. "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.'" Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. 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. . "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.'" 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. 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.'" 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." You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. My family has greatly enjoyed the pool! 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. Very low maintenance, as promised. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Will be used in accordance with our terms of service & privacy policy. We sell some of the nicest quality products on the market today! Ins. Make your practice more effective and efficient with Casetexts legal research suite. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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. Id. 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. 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." Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). The real crime is not that you paid too much for the poolthe crime is the illegal financing. 367 F.3d 493 (6th Cir. Give pool pricing write up contract. No chemicals, just a gallon of bleach a week. The statute of limitations on rescission of the transaction under TILA is 3 years. 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. . In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). 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. Id. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Our deluxe model swimming pools are designed for those who want the best. 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. "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. The interest rate ranged from 15% to 36%. 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"). Listed below are the cases that are cited in this Featured Case. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). "[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." Kentucky, Louisville Division.https://leagle.com/images/logo.png. 1990). 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. Id. When the product is quality, it sells itself, no one likes to be mislead. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. 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' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. Davis v. Global Client Solutions, LLC, 765 F. Supp. Free installation is only available in specific states on customer-ready sites. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." Additional time to `` conduct discovery on the Internet exception to this fundamental rule ''! 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