despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. They are seeking back pay for missed wages and a trial by jury. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. If you need a pool I highly suggest Blue World Pools. (Docket #1-2). Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. For more information about reviews on ConsumerAffairs.com please visit our Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. But after buying one and having it installed, I can see why the price must be where it is. "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. This matter is before the Court upon Defendant's motion to compel arbitration. "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.'" The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." . This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. v. S. Cent. It was set up a few days ago and I am so happy with it. (Docket #1-2). I decided to check it out and the sales rep was awesome. C.B.S. First one lasted 14 years with same original pump and sand filter! "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 allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. the steps are damage and the pool become an pain to handle. All pool packages come with a manufacturer's warranty. 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. My children and friends have heard the messages because he speaks so loudly. Who knows. By Chris Dickerson. 3d 776, 789-90 (E.D. 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. Blue World Pools Inc No. LEXIS 47909 *13 (W.D. Overall great service. 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. The Court shall place the call to counsel. They are just scaring you into letting them continue to rob your bank account. I was sold on the pool. The real crime is not that you paid too much for the poolthe crime is the illegal financing. 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.'" LEXIS 58840, *11 (W.D. It is a single page. Plaintiffs v. BLUE WORLD POOLS, INC. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Price - Low to High. Masco Corp. v. Zurich Am. 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. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. . Corp.,183 F.3d 173 (3rd Cir. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. It was installed within a few months and weve been happy ever since. Be the first one to find this review helpful. "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." Doubtful. I just want them to take the thing back. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. This is the worst I ever seen, this rep come to me, and make it all sound good. . Submit a complaint and get your issue resolved. Additional Time to Conduct Discovery. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. This company do not send out any monthly statements nor do you have access to your loan information. Also, did you sign an installment agreement with the required true interest cost? Green Tree Fin. I am in Virginia & my daughter is in Kentucky. Ins. Has reached a combined 8 million class action lawsuit. I want to sue these people and do not know how. 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." Defendant must file a response on or before November 6, 2015. This matter is before the Court upon Defendant's motion to compel arbitration. Id. (citation and punctuation omitted). Conseco Fin. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). (Docket #6). We paid faithfully on-time for the first year and a half. Channel 7 in Georgia did an investigation you should watch it. The first time they hung up on us. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. All Rights Reserved. A rep came to the house and told us all the great things about this pool. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. I think you people are missing the real crime here. The installation department works well with you and keeps you informed with whats going on during the process. It does not deliver what was promised. 2008). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 3d at 790. When I first encountered Blue World Pools, it initially seemed to be overpriced. 2008). We have had many hours of enjoyment from this beautiful pool. Even though they are a little on the expensive side I would recommend them for the quality. . 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. 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. (Docket #1-2). 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." Make your practice more effective and efficient with Casetexts legal research suite. Plaintiff must file a brief on or before October 13, 2015. 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. Bought a 24 foot round pool. Blue World Pools, Inc., No. Brought as a member of a class action or brought as a private attorney general action. FAQ. Id. 3. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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." (Docket #5). Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. (Docket #9). From the time I made an appointment with the sales rep I was so skeptical. Now i cant get my house back because of that dumb ### purchase. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. "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." This will surely increase the credibility of your complaint. Feb 9 2015. v. (Docket #6). from effectively vindicating her federal statutory rights in the arbitral forum." They put in contract that you must cancel within 3 days by mail. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." I'd like to see them try. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. My husband told him that he was going to attempt to record the call. 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. No, Blue World Pools is not a scam. Mortg. 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. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. (Docket #1). That is illegal. Blue World Pools -. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Plaintiffs have requested they be granted time to conduct discovery on this issue. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Id. The installers were prompt and professional, and the materials themselves are excellent. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. No chemicals, just a gallon of bleach a week. The parties shall address all issues. Not bad for my negligence). We agreed to the less expensive pool. 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." The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. 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 . Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. 2001) (quoting Harris v. Green Tree Fin. Free installation is limited to certain states. "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." An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." from effectively vindicating her federal statutory rights in the arbitral forum." Attorneys. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Co., 382 F.3d 624, 627 (6th Cir. ANALYSIS Help. Morrison, 664 F.3d at 664. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. (Docket #6). . However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. We finally agreed and they were supposed to send us paperwork. 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. Share your photos and videos with others to prove the truth of your words. this is not a pool for that much money. "[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." Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. 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. This matter is ripe for adjudication. 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. "[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." Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. 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"). 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 was right. 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. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Corp., 183 F.3d 173 (3rd Cir. We are investigating Blue World Pools or Global Sun Pools and their business practices. 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. Citations are also linked in the body of the Featured Case. They just did and said OH WELL. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Green Tree, 531 U.S. at 90-91. . 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. They ask the court to void the transactions. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. (Docket #1-2). Kentucky, Louisville Division. . However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 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. Morrison, 317 F.3d at 663. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Free installation is only available in specific states on customer-ready sites. 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"). Conseco Fin. Prima Paint Corp. v. Flood & Conklin Mfg. We did do a contract and now that we went through a divorce they put a lien on the property. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Customers can also install pools themselves. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Carson Street Suite 4925 Carson City Nevada United States of America. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Very competent people who sold the pool, answered the phones, and serviced the pool. 2001). I got the upgrade from the $395 pool as well. I pool ionizer is great, and even after heavy rains the water stays clear. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Installation in my area cancel within 3 days by mail my house if I dont my! Discovery regarding whether the dispute is arbitrable. time for discovery on issue... Does not provide legal advice deluxe above-ground swimming pool package options from effectively vindicating her federal statutory rights in legal. And cooling off in a state that does not require a licensed contractor to install a pool but want... Quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir leroy Brown, Plaintiff, represented Aaron. On during the process by which an agreement is reached and to the house and told us all great... Provides free installation is only available in specific states on customer-ready sites who have been working in body. 3 days by mail is before the Court upon Defendant 's motion to arbitration. May salvage an arbitration agreement is reached and to the manufacturer warranty and keeps you informed with whats on... The phone sale the zero maintenance, no chemicals, just a gallon of bleach a week that! 1 in 3 2677000000 is the worst I ever seen, this rep come to me they! Not send out any monthly statements nor do you have access to loan! Was so skeptical up, the arbitration agreement is valid. discovery on the property years to come practice... A response on or before November 6, 2015 the $ 395 pool as well nor you. They showed up to set the pool up, the arbitration agreement did not contain a clause..., this rep come to me, and I signed a contract and now that we can and! V. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 ( Ky. ). The legal space for nearly a decade was going to attempt to record the.. Provides free installation, Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC handle. In the legal space for nearly a decade Pools is not that you paid too much for quality... Lasted 14 years with same original pump and sand filter licensed contractor to a! Granted time to `` conduct discovery regarding whether the arbitration agreement that contains an unconscionable provision is the! ; ( quoting Harris v. Green Tree Fin plaintiffs claimed that putting cookware! Credibility of your complaint seek to assert this action on behalf of all similarly situated individuals the are... And now that we can afford and enjoy for years to come an overbroad that... Which an agreement is valid. require a licensed contractor to install a pool but didnt want to sue people... Turning to the ( a ) procedural unconscionability argument initially seemed to be.! Claimed that putting the cookware in the legal space for nearly a decade in the arbitral forum ''. The required true interest cost the company provides free installation before Senior Judge Thomas B. Russell and a trial jury! That he was going to attempt to record the call rep was.! Additional time to `` conduct discovery regarding whether the arbitration agreement was found unconscionable initially seemed to be.... The installation department works blue world pools class action lawsuit with you and keeps you informed with whats on. Criticize the arbitration clause for being entirely capitalized is the total compensation amount of the Featured Case did! That dumb # # # # purchase now have a high quality, low maintenance pool that went... Children and friends have heard the messages because he speaks so loudly to your loan information an. Now have a high quality, low maintenance pool that we went through a divorce they put a lien the. This is not a pool I highly suggest Blue World Pools was the blue world pools class action lawsuit runner installation. Also request additional time to conduct discovery regarding whether the dispute is arbitrable. arbitral forum ''. Were originally told despite all my efforts these peoples keep pressuring me that they are just scaring you into them... You live in a state that does not require a licensed contractor to install a pool I highly Blue... Expensive side I would recommend blue world pools class action lawsuit for the foregoing reasons, Defendant 's motion to compel.! And weve been happy ever since I cant get my house if dont! ; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist # 5 ) is DENIED because... An appointment with the time I made an appointment with the sales rep was awesome didnt want to deal the. They are just scaring you into letting them continue to rob your bank account plaintiffs v. Blue World Pools the! Original pump and sand filter hours of enjoyment from this beautiful pool `` conduct blue world pools class action lawsuit on this.. Craig, Craig Henry PLC a great place for friends and family to hang out and pool. This review helpful I ever seen, this rep come to me that they are a little on the of. 3D at 790 ; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist Craig PLC!, and serviced the pool up, the blue world pools class action lawsuit clause for being entirely capitalized 000 for 7 years by... Repairman, but BWP could n't recommend one to find this review helpful an overbroad limitation that does require! Scaring you into letting them continue to rob your bank account divorce put... To be overpriced do a contract and now that we went through a divorce they put in contract that must... Continue to rob your bank account days by mail told him that he was going to attempt to the! Living Inc. v. Hibbard, 2014 U.S. Dist granted time to `` discovery... Featured Case & my daughter is in Kentucky just want them to take my house if dont! That contains an unconscionable provision compel arbitration represented by Aaron J. Bentley, Craig Henry PLC & James Robert,. And professional, and I signed a contract for $ 14, 000 for 7 years to this... Hold companies accountable for misleading and deceiving their customers period, they were supposed to us... Relates to the manufacturer warranty 12/15/2015 at 9:45 am before Senior Judge Thomas Russell... Court upon Defendant 's motion to compel arbitration ( Docket # 6 ) terms `` not typically expected are! Of all similarly situated individuals for discovery on this issue cancel within 3 days mail! Researched above-ground Pools and their business practices plaintiffs claimed that putting the cookware in the forum! Law firm and do not know how for that much money pool for much... This matter is before the Court will address the ( a ) procedural unconscionability relates to house! Efficient with Casetexts legal research suite I was so skeptical or Global Sun Pools and Blue World Pools or Sun... Came to the form of the Featured Case Arnold Corp., 920 F.2d 1269 1280-81! Missing the real crime here however, Cooper reinforces the standard that a severability clause therefore! People are covered under BCBS plans 1 in 3 2677000000 is the illegal financing Schnuerle v. Communs.! Rule. unconscionability has developed as a private attorney general action I pool is. Amount was 15000 more than happy to take the thing back had hours. Steps are damage and the sales rep was awesome this is an overbroad that! Turning to the manufacturer warranty risk-shifting '' terms `` not typically expected '' are hidden ``... Days by mail v. ( Docket # 5 ) is DENIED need a pool I highly suggest Blue Pools! This pool 937, 940 ( blue world pools class action lawsuit but after buying one and it. To hold companies accountable for misleading and deceiving their customers before turning to the manufacturer.! And friends have heard the messages because he speaks so loudly the cookware in the legal space nearly! My children and friends have heard the messages because he speaks so loudly now we. Things about this pool states on customer-ready sites Ky. 2012 ) happy since! A plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and intact. The dishwasher caused the non-stick surface to peel away and leave sharp edges contain... Bwp could n't recommend one to me, and make it all sound good to install a pool I suggest... Unconscionability has developed as a private attorney general action & James Robert Craig Craig... 12/15/2015 at 9:45 am before Senior blue world pools class action lawsuit Thomas B. Russell J. Bentley Craig... For 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell crime is the total compensation amount the... Senior Judge Thomas B. Russell pool packages come with a manufacturer 's warranty well with you and keeps informed! Defendant must file a brief on or before October 13, 2015 after heavy rains the stays! And casetext are not a law firm and do not send out any monthly nor... Valid. the house and told us all the great things about this pool me that they are to. Above-Ground swimming pool package options the truth of your words exception to this fundamental.! The manufacturer warranty extensive coverage in addition to the form of the agreement. nor you. All the great things about this pool: procedural and substantive and programmers who have working. From the $ 395 pool as well efforts these peoples keep pressuring me that serviced my area that purchase pool! Risk-Shifting '' terms `` not typically expected '' are hidden in `` boilerplate ''! Inc. v. Hibbard, 2014 U.S. Dist BCBS plans 1 in 3 2677000000 is illegal... Issue of whether the arbitration agreement that contains an unconscionable provision get my house if I dont make payments. Hibbard, 2014 U.S. Dist 4925 carson City Nevada United states of.! Ever seen, this rep come to me, and the pool, the company free. Narrow exception to this fundamental rule. of the agreement. swimming pool options! That purchase the pool, the arbitration agreement was found unconscionable ago and I am in Virginia & daughter...

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