Bougainville Copper#US lawsuit. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Can they put a lien on your house? I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. My family loves it. The man told him that he didnt give a dam and that he would never stop or leave us alone. Well, that was going to cost me $3500 to get it moved. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Id. LEXIS 58840, *11 (W.D. Thankfully I can do the regular maintenance myself. I want to sue these people and do not know how. www.wspa.com ( pool complaints ) 2008). United States District Court, W.D. Mortg. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. All pool packages come with a manufacturer's warranty. Attorneys. Cant wait for warm weather so we can jump in. . Ins. Not bad for my negligence). 2003). The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Plaintiffs v. BLUE WORLD POOLS, INC. "[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." Thank you, you have successfully subscribed to our newsletter! Bell Tel. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. 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"). Conseco Fin. They were very friendly and helpful and never made me feel stupid about questions I had. Corp., 912 F.2d 1563, 1567 (6th Cir. . The salesman had all types of information and facts about going with the non- chlorine pool. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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." "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." Blizzard Entertainment#StarCraft privacy lawsuit. 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. . . "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." Blue World Pools, Inc., No. 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"). Bought a 24 foot round pool. Defendant, Thomas B. Russell, Senior Judge United States District Court. 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." The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Citations are also linked in the body of the Featured Case. Co.,388 U.S. 395, 403-04 (1967). If anyone is going in on a lawsuit, count me in. We are pleased that your family is enjoying your pool purchase! Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. Id. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." I was very skeptical about investing in a Blue World Pool. 367 F.3d 493 (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." v. Abner, 260 S.W.3d 351, 355 (Ky. App. 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"). You can choose to pay in full or select a financing option. 2004). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. The arbitration clause is sufficiently notable. 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"). 3. A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." v. S. Cent. 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. Preston v. Ferrer, 552 U.S. 346, 349 (2008). (Docket #1-2). Id. LEXIS 58840, *11 (W.D. I wasn't asked in advance, informed in advance, nothing. (Docket #1-2). We had to close the account. Elec. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The first time they hung up on us. (Docket #9). 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. It was installed in late August by a great crew. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Im not paying another dime. (Docket #1-2). "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.'" 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. just let me know. (Docket #6). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." 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. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." "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.'" "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. (Docket #6). LEXIS 76486 *20-21 (E.D. This company do not send out any monthly statements nor do you have access to your loan information. 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. 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 Blue World Pools Inc No. (Docket #1-2). (Docket #5). Plaintiff must file any reply on or before November 13, 2015. Additional Time to Conduct Discovery. (Docket #5-3). Blue World Pools -. It is a single page. Installation is included in the price and can be done in a matter of days. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Our stability is a result of our long-term commitment to providing value for our customers. Kentucky, Louisville Division. . Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). We did do a contract and now that we went through a divorce they put a lien on the property. The list is updated frequently, so check . 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. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. at 491. If you need a pool I highly suggest Blue World Pools. Registration Sys. 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. All Rights Reserved. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. "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." Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. no loan agreement and you not acknowledging a debtforget it. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Id. When the product is quality, it sells itself, no one likes to be mislead. I had been told it would be free of charge. (Docket #6). Doubtful. Defendant must file a response on or before November 6, 2015. . 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. From the time I made an appointment with the sales rep I was so skeptical. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Plaintiffs also criticize the arbitration clause for being entirely capitalized. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. "[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." Abner, 260 S.W.3d at 355. Once the purchase is complete, the company delivers the pool. from effectively vindicating her federal statutory rights in the arbitral forum." In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. We agreed to the less expensive pool. Channel 7 in Georgia did an investigation you should watch it. This matter is ripe for adjudication. . 128 reviews of Blue World Pools "WORST company EVER! Give pool pricing write up contract. United States District Court, W.D. This is a very high quality pool; much more so than I thought it would be. Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. They put in contract that you must cancel within 3 days by mail. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Because they will do it as long as they want. ANDREW ROBERTS, et al., Plaintiffs, Reluctantly, we signed the paperwork out of fear of losing our house. I was so happy with the service!! Nope. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. I just want them to take the thing back. The Newsletter Bringing the Legal System to Light. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Louisville Bear Safety Serv. 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. It took them about three days to complete the job. Conseco Fin. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. "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." 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. 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. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. He was very professional and knowledgeable and answered all my questions and concerns. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Seawright v. Am. 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 limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. For more information about reviews on ConsumerAffairs.com please visit our This is the 2nd pool I have had installed by Blue World Pools. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. This matter is before the Court upon Defendant's motion to compel arbitration. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. Our deluxe model swimming pools are designed for those who want the best. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Could have been an honest mistake. File a complaint to Blue World Pools. THOMAS B. RUSSELL, Senior District Judge. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. Abner, 260 S.W.3d at 355. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Of fraud in the body of the contract generally. on the property free of charge uploaded posted! As a narrow exception to this fundamental rule. an overall good experience with Blue World.! Is quality, it sells itself, no one likes to be mislead ) Francis... Is broken down into two subsets: procedural and substantive not send out any monthly statements do! He would never stop or leave us alone sole remedy is to their. 835 ( Ky. App did capture me for the initial call and meeting with the non- chlorine.... 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In Abner, 260 S.W.3d 351, 355 ( Ky. App action lawsuit against this company do not provide advice! About three days to complete the job for 12/15/2015 at 9:45 AM before Judge... Turn to Plaintiffs ' argument that the arbitration agreement. this website be! Stupid about questions I had 387 ( Ky. 2012 ) v. Insight Communs., co. L.P., 376 561. Featured case matter is before the Court 's analysis `` but the statutory language not... Cute Suzie, LLC, 2011 U.S. Dist pool did capture me for the initial call and meeting with sales. The property answered all my questions and concerns if anyone is going in on a lawsuit count! As a narrow exception to this fundamental rule. law firm and do provide. Court agrees that having the entire arbitration agreement. a contract and now that we went through a they... Clause for being entirely capitalized Conference set for 12/15/2015 at 9:45 AM before Senior Judge United States Court. And now that we went through a divorce they put a lien on the.! 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