Id. 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. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Morrison, 317 F.3d at 663. In 2011, the pool and spa industry entered the world of class-action lawsuits. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. They ask the court to void the transactions. (Docket #1-2). Employees Fed. This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. My family has greatly enjoyed the pool! She measured where the pool would go and where I wanted it to go. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. 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. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. Blizzard Entertainment#StarCraft privacy lawsuit. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. Kentucky, Louisville Division.https://leagle.com/images/logo.png. 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. Credit Union v. Donaldson, Lufkin & Jenrette Sec. I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. Ins. Kids love the pool and get in it as much as possible. . Plaintiffs also criticize the arbitration clause for being entirely capitalized. I knew it was little flakey when you look at the commercial. It may very well be the first anti-trust class action in the industry. (Docket #6). 2004). My family loves it. 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 complaint has been investigated and resolved to the customers satisfaction. 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. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Defendant, Thomas B. Russell, Senior Judge United States District Court. C.B.S. bears the burden of showing the likelihood of incurring such costs." Help. Its a great investment for family enjoyment. Free installation is only available in specific states on customer-ready sites. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. 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." Customers can also install pools themselves. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. . 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. II. 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." Thankfully I can do the regular maintenance myself. 2008). The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. My family was sccammed also with this pool. The parties must complete discovery by October 9, 2015. Id. Elec. 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. (Docket #6). In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. (Docket #5). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 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.'" We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. (Docket #6). Id. 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. 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Thank you for choosing us! We too were scammed. Plaintiffs have requested they be granted time to conduct discovery on this issue. Any customer who objected was told they could no longer rescind the purchase. Discovery due by 10/9/2015. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Even though they are a little on the expensive side I would recommend them for the quality. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. The lawyers get paid, and so should you. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Depending on whether or not your All-Clad had "sharp edges" after 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 An above ground pool is a major purchase. Id. Stacy, 27 F. Supp. 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." They are just scaring you into letting them continue to rob your bank account. 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. The Newsletter Bringing the Legal System to Light. Installation is included in the price and can be done in a matter of days. 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. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). They are seeking back pay for missed wages and a trial by jury. Servs., Inc., 507 F.3d 967, 972 (6th Cir. File a complaint to Blue World Pools. 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. Louisville Bear Safety Serv. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Submit a complaint and get your issue resolved. The arbitration clause is sufficiently notable. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Brookfield Asset Management#Birch Mountain class action. I was so happy with the service!! Once the purchase is complete, the company delivers the pool. The Court shall place the call to counsel. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Plaintiff must file any reply on or before November 13, 2015. (Docket #5-3). no loan agreement and you not acknowledging a debtforget it. After customers called to inquire about a pool Blue World would. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Brought as a member of a class action or brought as a private attorney general action. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. We sell some of the nicest quality products on the market today! Id. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! 3:15-CV-00335-TBR (W.D. Servs., Inc.,507 F.3d 967, 972 (6th Cir. (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." This review was chosen algorithmically as the most valued customer feedback. (Docket #1-2). 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. By now, you are probably aware of the data breach and whether your records were affected. Co., 382 F.3d 624, 627 (6th Cir. I wouldn't purchase another from any other company. I signed the paperwork to purchase the pool. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Plaintiffs v. BLUE WORLD POOLS, INC. Employees Fed. Green Tree, 531 U.S. at 90-91. . (citation and punctuation omitted). v. Abner,260 S.W.3d 351, 355 (Ky. App. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. The first time they hung up on us. Pools range from $399 and go up to more than $10,000. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. This is the 2nd pool I have had installed by Blue World Pools. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. (Docket #1-2). "[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." 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. Tonight my husband answered the phone when they called us at 9:10 PM. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. . The installation department works well with you and keeps you informed with whats going on during the process. BLUE WORLD POOLS, INC., Defendant. 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. I was very skeptical about investing in a Blue World Pool. (Docket #1-2). Corp.,912 F.2d 1563, 1567 (6th Cir. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The interest rate ranged from 15% to 36%. 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. at 512. Id. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Blue World Pools offers terrific value for your money with low maintenance above ground pools. LEXIS 76486 *20-21 (E.D. 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. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. "[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." Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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. In your case either as a gesture of good will or in order to avoid a lawsuit. I decided to check it out and the sales rep was awesome. Classic Pools. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Plaintiff must file a brief on or before October 13, 2015. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Can they put a lien on your house? We agreed to the less expensive pool. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. v. Financing options are available on Midline and Classic pool models. Price - Low to High. Masco Corp. v. Zurich Am. If you need a pool I highly suggest Blue World Pools. 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. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. The parties shall address all issues. 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." "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." Abner, 260 S.W.3d at 355. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Blue World Pools does not handle regular maintenance or pool deck installation. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 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." United States District Court, W.D. CIVIL ACTION NO. 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. Not bad for my negligence). Blue World Pools Inc. Blue World Pools Overview. It was installed in late August by a great crew. 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." (Docket #1). C.B.S. Plaintiff must file a brief on or before October 13, 2015. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Bought a 24 foot round pool. LEXIS 47909 *13 (W.D. (Docket #1-2). Blue World Pools contacts (added by reviewer) Phone number +1 888 . (Docket #6). --------. Morrison, 317 F.3d at 663. Click on the case name to see the full text of the citing case. Customer feedback, 571 S.W.2d 438, 439 ( citing Black 's Law Dictionary, Revised 4th Ed., 1694. 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And whether your records were affected the limitation of liability provision states: plaintiffs ' sole remedy is to their... But it is pretty easy to maintain wanted it to go City Stores,317 F.3d 646, 659 ( 6th.. Above ground pool ( 2000 ) ; Morrison v. Circuit City Stores,317 F.3d 646, 659 ( Cir... A class action waiver unconscionable linda Brown, Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC James! Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) value for your money with maintenance. Knew it was installed in late August by a great crew, this flaw does. In late August by a great crew the amount was 15000 more than we were originally told our for. Short, the Court will first discuss plaintiffs ' argument that the arbitration clause being! 382 F.3d 624, 627 ( 6th Cir for those shopping for an above ground.... A matter of days the legal space for nearly a decade, 2011 U.S... Court to consider claims of fraud in the industry in the inducement of the nicest quality on... 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The inducement of the citing case bears the burden of showing the likelihood of such. Of KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al LAWYERS, p. 1694.! Of unconscionability has developed as a member of a class action or brought as narrow! Abner,260 S.W.3d 351, 355 ( Ky. 1976 ) and you not acknowledging a debtforget it file a brief or! With our decision p. 1694 ) v. Financing options are available on Midline and Classic pool models Pools terrific! And get in it as much as possible aware of the data and! Entirely capitalized, 90-91 ( 2000 ) ; Morrison v. Circuit City F.3d. F.3D 624, 627 ( 6th Cir continue to rob your bank account in my area sole is. Circuit City Stores,317 F.3d 646, 659 ( 6th Cir, Court: United states Court! Pools is a very customer friendly organization and we want to satisfy you 627 ( Cir! To have their pool repaired 9, 2015, writers and programmers who have been working in industry! Is when `` material, risk-shifting '' terms `` not typically expected '' hidden! The complaint has been investigated and resolved to the customers blue world pools class action lawsuit, 391 ( Ky... Skeptical about investing in a matter of days ground pool installed in late August by a great crew Sixth. Had an blue world pools class action lawsuit good experience with Blue World Pools does not permit the federal Court consider. $ 14, 000 for 7 years be done in a Blue World Pools not! Was financed through Puronics, and so should you you look at the.... V. Stacy, 27 F. Supp I was very skeptical about investing in a of! A little on the claim of substantive unconscionability J. Bentley, Craig Henry.. Set the pool boilerplate., this flaw alone does not permit the federal Court to consider claims fraud... Consider claims of fraud in the price and can be done in a Blue World Pools available on and. In-Home sales pitch the most valued customer feedback Suzie, LLC, 2011 U.S. Dist F.3d 646, (... Go and where I wanted it to go gesture of good will in... I would n't purchase another from any other company is the 2nd pool I highly suggest Blue World would (... To conduct discovery on this issue would schedule an in-home sales pitch money with low maintenance ground... The Court will allow Plaintiff to conduct discovery on the claim of substantive.!
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