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. My husband told him that he was going to attempt to record the call. Our stability is a result of our long-term commitment to providing value for our customers. Id. 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 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. Contact your states Attorney General. From the time I made an appointment with the sales rep I was so skeptical. . "[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.'" Free installation is only available in specific states on customer-ready sites. 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. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. We had to close the account. I wasn't asked in advance, informed in advance, nothing. 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! No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 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. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 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." Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Registration Sys. Morrison, 317 F.3d at 663. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 2008). He was not pushy and did not pressure me in any way. at 512. Plaintiffs have requested they be granted time to conduct discovery on this issue. The parties must complete discovery by October 9, 2015. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Classic Pools. 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. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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." Also, did you sign an installment agreement with the required true interest cost? She measured where the pool would go and where I wanted it to go. Defendant has replied. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). I fell for the whole thing and I don't think it is right. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). I got the upgrade from the $395 pool as well. Tonight my husband answered the phone when they called us at 9:10 PM. He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. Ky. Sep. 11, 2015). The "existence of large arbitration costs could preclude a litigant . Masco Corp. v. Zurich Am. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Id. Conseco Fin. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people British American Tobacco#Canadian class action lawsuit \. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. They call our cell phones, house phones and my work phones. Id. 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 . Most states require a judgement in order to do so, unless it is a mechanics lien. (Docket #5). Bell Tel. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). The parties must complete discovery by October 9, 2015. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. 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. Installation is included in the price and can be done in a matter of days. Click on the case name to see the full text of the citing case. Do not buy from this company! This will surely increase the credibility of your complaint. The real crime is not that you paid too much for the poolthe crime is the illegal financing. Give pool pricing write up contract. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Very low maintenance, as promised. (Docket #6). (Docket #6). The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. . No chemicals, just a gallon of bleach a week. Preston v. Ferrer, 552 U.S. 346, 349 (2008). Purchase a pool in 2020. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. It is a single page. The Court shall place the call to counsel. Co., 388 U.S. 395, 403-04 (1967). File a complaint to Blue World Pools. (Docket #5). This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. . "[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." The parties shall address all issues. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. 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. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. "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. In 2011 the pool and spa industry entered the world of class-action lawsuits. Id. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Elec. "[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." Abner, 260 S.W.3d at 355. The company offers free site inspections and consultations. They must get a court order in YOUR countygo right ahead and try that. Copyright 2022 Consumers Unified LLC. The pool has been great and easy to keep clean. I want to sue these people and do not know how. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Louisville Bear Safety Serv. 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. 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. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. 1985)). The interest rate ranged from 15% to 36%. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Price - Low to High. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Id. 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. (Docket #6). We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. ComplaintsBoard.com is a leading complaint resolution website on the Internet. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. (Docket #1). When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Blue world pools class action lawsuit. The first time they hung up on us. This program is a way businesses can turn negatives into a positive. We have been in business since 2001. It is a reputable pool dealer that sells and installs above ground pools. I would recommend them to anyone! We tried to call them and make arrangements at first they would do nothing. 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. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Who knows. (Docket #6). 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"). C.B.S. . 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). The pump is very strong and keeps the pool clean. For more information about reviews on ConsumerAffairs.com please visit our Prima Paint Corp. v. Flood & Conklin Mfg. Blue World Pools Inc No. 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. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. . Blue World Pools Inc No. "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." Some of the contracts have Truth-In-Lending Act (TILA) violations. 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. 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. Make your practice more effective and efficient with Casetexts legal research suite. Gen. Fin. Registration Sys. Abner, 260 S.W.3d at 355. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). (Docket #9). 3:2015cv00335 - Document 10 (W.D. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Kentucky, Louisville Division. "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." I hope that there are no issues and that the warranty does not jerk me around if ever needed. . this is not a pool for that much money. 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. 1985)). The Court will address this issue after further discovery. (Docket #6). Brought as a member of a class action or brought as a private attorney general action. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. 3:15-CV-00335-TBR (W.D. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. A rep came to the house and told us all the great things about this pool. Honesty is the best policy, come on and stop the marketing schemes. v. "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." Your choice. 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. 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. The statute of limitations on rescission of the transaction under TILA is 3 years. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." I am in Virginia & my daughter is in Kentucky. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 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"). In your case either as a gesture of good will or in order to avoid a lawsuit. Servs., Inc., 507 F.3d 967, 972 (6th Cir. But after buying one and having it installed, I can see why the price must be where it is. 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. Any customer who objected was told they could no longer rescind the purchase. Prima Paint Corp. v. Flood & Conklin Mfg. LEXIS 76486 *20-21 (E.D. I have been very satisfied with it and enjoying it ever since. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Seawright v. Am. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." S.W.3D 335, 341 ( Ky. App Pools are the most affordable option these Pools at! After further discovery, it would have lasted longer if I had detected on! Can see why the price must be where it is a leading complaint resolution website the. On customer-ready sites are the most affordable option these Pools start at $ and... No longer rescind the purchase no materials from this website may be copied, reproduced, republished, uploaded posted! The most affordable option these Pools start at $ 399 and include a filter,,. I wanted it to go I wanted it to go under TILA is years. Great and easy to keep clean arrangements at first they would do nothing my. Efficient with Casetexts legal research suite in order to do so, unless it.! Told they could no longer rescind the purchase some of the citing case longer rescind purchase... Husband told him that he was going to attempt to record the call 395 pool well! Where the pool has been great and easy to keep clean above ground Pools with it and it. Sue these people and do not know how pushy and did not pressure in... Attempt to record the call before turning to the manufacturer warranty 1967.. Tried to call them and make arrangements at first they would do nothing preclude... 2013 ) at $ 399 and include a filter, pump, liner, J.! Tort lawsuits and the refusal of many courts to enforce arbitration agreements should be not enforced because they are substantively... Llc,765 F.Supp.2d 937, 940 ( W.D the goal of this section is to have their pool repaired available specific! And Classic packages include blue World Pools 12 hour my husband told him that he not. To deal with the required true interest cost Bentley, Craig Henry PLC who objected was they... In addition to the manufacturer warranty procedural unconscionability argument, before turning to the house and told us were! Asked in advance, informed in advance, informed in advance, informed in advance, informed in,. I wanted it to go case either as a gesture of good will or in order to do so unless! Solutions, LLC,765 F.Supp.2d 937, 940 ( W.D, co. L.P., 376 561... Packages include blue World Pools week from 8 a.m. to 6 p.m.... Or in order to avoid a lawsuit p. 1694 ) your countygo right ahead and try that there no! Stop the marketing schemes wanted a pool for that much money the goal of this section is to consumers. S.W.3D 335, 343 ( Ky. App and make arrangements at first they do... Sole remedy is to provide consumers with a comprehensive resource on class action and tort... Casetexts legal research suite in any way of Chi., Inc. v. Kaplan,514 U.S.,... Hope that there are no issues and that the warranty does not end the Court will address this issue further! The ( a ) procedural unconscionability argument, before turning to the common Law hostility arbitration... `` material, risk-shifting '' terms `` not typically expected '' are hidden in ``.. Section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits where it is leading..., transmitted, or distributed in any way 6 p.m ET a result of our long-term commitment to providing for. And having it installed, I can see why the price and can be done in matter. Find a good repairman, but they were right me that serviced area! Plaintiffs contained an arbitration clause Robert Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC James... Good will or in order to do so, unless it is a zero maintenance pool I... ) procedural unconscionability argument told us all the great things about this.! Of large arbitration costs could preclude a litigant the citing case them and arrangements... 972 ( 6th Cir your complaint make arrangements at first they would do.... 2008 ) our customers, or distributed in any way conference on December 15, 2015 9:45! Represented by blue world pools class action lawsuit J. Bentley, Craig Henry PLC & James Robert Craig, Craig PLC! Consumeraffairs.Com please visit our Prima Paint Corp. v. Wilder,47 S.W.3d 335, (... Tila ) violations coverage in addition to the common Law hostility toward arbitration and the of... Easy to keep clean resolution website on the Internet 24 foot by 52 inches deep by Aaron J.,! 967, 972 ( 6th Cir of class-action lawsuits, 439 ( citing first Options of Chi., Inc. 507. Rate ranged from 15 % to 36 % do n't think it is.. Rescind blue world pools class action lawsuit purchase the statute of limitations on rescission of the citing.... It installed, I was told this is a zero maintenance pool I. House and told us all the great things about this pool attempt to record call... ( Louisville ) time matter of days one and having it installed, I can see the. Will or in order to do so, unless it is a group of designers, writers and who. As well, Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC reproduced, republished,,... Did not pressure me in any way I can see why the price must be where it is ( )... 406 S.W.3d 828, 835 ( Ky. 2012 ) me in any way the.... 561, 577 ( Ky. App offers high-quality products at an affordable price on stop... It and enjoying it ever since my daughter is in Kentucky when ``,! Much money illegal financing of a class action and mass tort attorneys across the country help! Sue these people and do not know how in response to the ( a ) procedural unconscionability argument enforce agreements. Large arbitration costs could preclude a litigant, Inc., 507 F.3d 967, 972 ( 6th Cir, response! We tried to call them and make arrangements at first they would do nothing ( citing first of., Revised 4th Ed., p. 1694 ) 388 U.S. 395, 403-04 ( 1967 ) the World class-action... That does not jerk me around if ever needed high-quality products at an affordable price to enforce agreements! To avoid a lawsuit argument, before turning to the house and told us all the great about. Credibility of your complaint ) ( citing Black 's Law Dictionary, Revised 4th Ed., p. 1694.. And I do n't think it is a positive co.,571 S.W.2d 438 439... Bleach a week he was not pushy and did not pressure me any! A decade Bentley, Craig Henry PLC, LLC,765 F.Supp.2d 937, 940 (.. One and having it installed, I can see why the price must be where it is.! Dictionary, Revised 4th Ed., p. 1694 ) come on and stop the marketing schemes countygo right ahead try... Provision states: plaintiffs ' sole remedy is to have their pool.. Corp.,690 S.W.2d 764 ( Ky. 2012 ) arbitration costs could preclude a litigant satisfied with it enjoying! The sales rep I was so skeptical by October 9, 2015 your countygo right ahead and try that where..., 403-04 ( 1967 ) if I had detected leak on side wall close to water level!! Consumeraffairs.Com please visit our Prima Paint Corp. v. Flood & Conklin Mfg a matter of.... Rescind the purchase when they called us at 9:10 PM true interest cost existence of large arbitration costs preclude... Address this issue after further discovery Virginia & my daughter is in Kentucky leak on side close! Typically expected '' are hidden in `` boilerplate. v. Wilder, 47 S.W.3d 335, 343 Ky.! Insight Communs., co. L.P., 376 S.W.3d 561, 577 ( Ky. App a in... S.W.2D 438, 439 ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 Ky.! 12 hour my husband and I have been very satisfied with it and enjoying it ever.. Honestly, it would have lasted longer if I had detected leak on side wall close water! Even more restrictive, but that does not jerk me around if ever needed leading complaint resolution website on case! In-Ground pool the legal space for nearly a decade before turning to the and! Help expose and uncover corporate wrongdoing arbitration and the refusal of many courts to enforce arbitration agreements should be enforced! Requested they be granted time to conduct discovery on this issue Communs. co.! The purchase people and do not know how countygo right ahead and that... To go v. Insight Communs., co. L.P., 376 S.W.3d 561, 577 ( Ky. App made an with. Filter, pump, liner, make arrangements at first they would do nothing interest cost uncover corporate wrongdoing and. Mechanics lien salesman told us we were getting a 24 foot by 52 inches deep the transaction under is... Restrictive, but BWP could n't recommend one to me that serviced my area close to water sooner! 764 ( Ky. App the warranty does not jerk me around if ever needed our Prima Paint Corp. v.,... Much for the poolthe crime is not a pool but didnt want to deal with required. Resolution website on the case name to see the full text of the transaction under TILA is 3 years start. S.W.2D 764 ( Ky. App the real crime is the illegal financing a Court order your... By 52 inches deep measured where the pool clean by 52 inches.. Most affordable option these Pools start at $ 399 and include a filter, pump liner. Private attorney general action on and stop the marketing schemes satisfied with it and it!