Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. The customer was also required to grant Blue World a lien on the customer's property. I think you people are missing the real crime here. 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"). Im extremely pleased with the ending results. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . I had been told it would be free of charge. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. A rep came to the house and told us all the great things about this pool. 3. 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. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 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. The salesman was out within a week and we signed the contract. The parties must complete discovery by October 9, 2015. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. From the time I made an appointment with the sales rep I was so skeptical. "[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." It was set up a few days ago and I am so happy with it. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. 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. Very low maintenance, as promised. Conseco Fin. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. "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. The man called my husband a liar, told him to give him a break, yelled at him. 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. But the pool is installed and we are enjoying it with our grandkids. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. My experience with BWP was great from the initial purchase up to the final installation. 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:. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. The Court shall place the call to counsel. Overall great service. The lawyers get paid, and so should you. "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.'" Id. I decided to check it out and the sales rep was awesome. (Docket #1-2). The list is updated frequently, so check . A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Servs., Inc.,507 F.3d 967, 972 (6th Cir. . 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. "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. (Docket #6). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). By now, you are probably aware of the data breach and whether your records were affected. Corp.,183 F.3d 173 (3rd Cir. 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. Bell Tel. He was right. (She ripped 6 years after I fixed the leaky liner. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. They ask the court to void the transactions. Id. 2003). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. My husband told him that he was going to attempt to record the call. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. 3:15-CV-00335-TBR (W.D. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Also, did you sign an installment agreement with the required true interest cost? Elec. Free installation is limited to certain states. The statute of limitations on rescission of the transaction under TILA is 3 years. I just want them to take the thing back. (Docket #5). Purchase a pool in 2020. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. (Docket #6). 1999). . If anyone is going in on a lawsuit, count me in. at 491. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 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. I was so happy with the service!! Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Gen. Fin. . v. S. Cent. 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"). (Docket #5). . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 9 U.S.C. Registration Sys. Blue World Pools, Inc. stands by the product, installation, and warranty. "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." BLUE WORLD POOLS, INC., Defendant. My family has greatly enjoyed the pool! For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. Stacy, 27 F. Supp. Plaintiffs argue this Court should follow Cooper v. MRM Inv. 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. Nope. Stacy, 27 F. Supp. 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. Im not paying another dime. 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." 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." They just did and said OH WELL. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. 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"). The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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. 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. 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 have responded. Elec. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Holifield v. Beverly Health & Rehab. Green Tree Fin. Contact your states Attorney General. This will surely increase the credibility of your complaint. The company delivers and installs above ground pools. Cant wait for warm weather so we can jump in. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Do you have a paper that says when they will stop stealing from your bank accountNOPE. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiffs have requested they be granted time to conduct discovery on this issue. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Gen. Fin. I was sold on the pool. I signed the paperwork to purchase the pool. Plaintiff must file any reply on or before November 13, 2015. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 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. (Docket #1-2). Has reached a combined 8 million class action lawsuit. ANALYSIS Be the first one to find this review helpful. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." LEXIS 58840, *11 (W.D. They call our cell phones, house phones and my work phones. Depending on whether or not your All-Clad had "sharp edges" after 1990). The "existence of large arbitration costs could preclude a litigant . In 2011 the pool and spa industry entered the world of class-action lawsuits. I hope this helps you because you are not alone. Ins. I hope that there are no issues and that the warranty does not jerk me around if ever needed. 2008). "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.'" I was very skeptical about investing in a Blue World Pool. 1985)). [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Plaintiff must file a brief on or before October 13, 2015. All Rights Reserved. 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. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Blue World Pools Inc No. A link has directed you to this review. I am very blessed now to have a BWP and it has been a great investment. Kentucky, Louisville Division.https://leagle.com/images/logo.png. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Defendant, Thomas B. Russell, Senior Judge United States District Court. Listed below are the cases that are cited in this Featured Case. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. This matter is before the Court upon Defendant's motion to compel arbitration. Reluctantly, we signed the paperwork out of fear of losing our house. "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." Ins. (Docket #1-2). (Docket #6). --------. 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." . We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Spa industry entered the World of class-action lawsuits and Plumbing Supplies category Senior Judge UNITED STATES DISTRICT Court DISTRICT! Because you are probably aware of the contract contacts ( added by reviewer ) Phone number 888. Should follow Cooper v. MRM Inv it with our decision Docket # 5 ) is DENIED, 24 27! 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