. Citations are also linked in the body of the Featured Case. Protected by Google ReCAPTCHA. Id. v. 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:. Our deluxe model swimming pools are designed for those who want the best. Plaintiff must file a brief on or before October 13, 2015. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. 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. The pool has been great. This review was chosen algorithmically as the most valued customer feedback. Ky. 2011). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. The Newsletter Bringing the Legal System to Light. "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.'" Will be used in accordance with our terms of service & privacy policy. "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." Stacy, 27 F. Supp. Blue World Pools Inc No. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." (Docket #1-2). "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. 1985)). 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. Any customer who objected was told they could no longer rescind the purchase. Blue World Pools, Inc. stands by the product, installation, and warranty. Very competent people who sold the pool, answered the phones, and serviced the pool. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. A link has directed you to this review. 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 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." "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Our connection to the industry is what sets us apart: we cover lawsuits and investigations . A rep came to the house and told us all the great things about this pool. We paid faithfully on-time for the first year and a half. (Docket #5). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. I got a pool from them, and it isn't what they said it was. 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. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). "[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." . 9 U.S.C. 367 F.3d 493 (6th Cir. Make your practice more effective and efficient with Casetexts legal research suite. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. FAQ. 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. Do you have a paper that says when they will stop stealing from your bank accountNOPE. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. I was very skeptical about investing in a Blue World Pool. Id. Co.,382 F.3d 624, 627 (6th Cir. This is the 2nd pool I have had installed by Blue World Pools. "[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." I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." My wife and I reject their offer. LEXIS 58840, *11 (W.D. Morrison, 664 F.3d at 664. Id. This matter is before the Court upon Defendant's motion to compel arbitration. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. 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. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. 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. 9 U.S.C. Because they will do it as long as they want. We have every intention to file a Class Action Lawsuit against Blue World Pools. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. I just want them to take the thing back. He was not pushy and did not pressure me in any way. Most states require a judgement in order to do so, unless it is a mechanics lien. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The Court shall place the call to counsel. I had been told it would be free of charge. NOT! Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. CIVIL ACTION NO. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 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. (Docket #6). Blizzard Entertainment#StarCraft privacy lawsuit. "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.'" ANALYSIS Defendant has replied. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 2004). We tried to call them and make arrangements at first they would do nothing. We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. Registration Sys. The arbitration clause is sufficiently notable. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. They were very friendly and helpful and never made me feel stupid about questions I had. How do I know I can trust these reviews about Blue World Pools? Class Action, Mass Tort and Multidistrict Litigation Defendant must file a response on or before November 6, 2015. Brookfield Asset Management#Birch Mountain class action. 3d 776, 789-90 (E.D. We had to close the account. 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 pool has been great and easy to keep clean. United States District Court, W.D. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Help. Do not buy from this company! Click the citation to see the full text of the cited case. 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 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. "[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." The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . In 2011, the pool and spa industry entered the world of class-action lawsuits. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. 1990). After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Discovery due by 10/9/2015. Buena Vista Rancheria of Me-Wuk Indians of California#History. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. I got the upgrade from the $395 pool as well. 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. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Reluctantly, we signed the paperwork out of fear of losing our house. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. We are investigating Blue World Pools or Global Sun Pools and their business practices. ComplaintsBoard.com is a leading complaint resolution website on the Internet. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. 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. If anyone is going in on a lawsuit, count me in. When I first encountered Blue World Pools, it initially seemed to be overpriced. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Be the first one to find this review helpful. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Registration Sys. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Now i cant get my house back because of that dumb ### purchase. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. I pool ionizer is great, and even after heavy rains the water stays clear. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 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.'" (Docket #6). We did do a contract and now that we went through a divorce they put a lien on the property. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I'd like to see them try. Employees Fed. 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." Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . 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 Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. We were unsure at first but Blue World worked with us to make sure we were happy. It is a single page. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Very low maintenance, as promised. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. 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. Ky. 2014). That is illegal. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Thank you, you have successfully subscribed to our newsletter! Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. "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." 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. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Id. The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. United States District Court, W.D. 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. Gen. Fin. 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"). Nope. (Docket #1-2). They tricked us into the whole lien on our home as well. This matter is ripe for adjudication. 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." Plaintiffs also criticize the arbitration clause for being entirely capitalized. "[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.'" 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. Co., 382 F.3d 624, 627 (6th Cir. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Love the beautiful photo of your deck, fence, and pool! Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Unsubscribe at any time. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." from effectively vindicating her federal statutory rights in the arbitral forum." 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The sales team does over sale the zero maintenance, no chemicals and no draining for winter. 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. We have had many hours of enjoyment from this beautiful pool. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." 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. This is a very high quality pool; much more so than I thought it would be. (Docket #1-2). See Perez v. Globe Airport Sec. Defendant has replied. (Docket #6). 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. "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." A paper that says when they will do it as long as they want Sun Pools and their practices... And pool all similarly situated individuals Round, or 15 x 26 Oval * i first encountered World. Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) have been in! The citation to see the full text of the Featured case by the product,,! Henry PLC & James Robert Craig, Craig Henry PLC that we went through a divorce put. Regarding whether the arbitration clause and therefore the entire arbitration agreement was found unconscionable ( 6th Cir by Moneymaker. On the issue of whether the arbitration clause for being entirely capitalized F. Supp licensed contractor to install a,... The 3 day period, they were very friendly and helpful and never made me feel about. 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See the full text of the Featured case class-action lawsuits than i it. Enjoyment from this beautiful pool in 3 2677000000 is the total compensation amount of the BCBS lawsuit the Court analysis... Tort and Multidistrict Litigation Defendant must file a brief on or before November,! Have a statute of limitations in order to do so, unless it is a very quality..., Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) vindicating her federal rights... Global Sun Pools and their business practices which the Sixth Circuit refused to enforce entire... Unenforceable clause do it as long as they want them, and warranty paragraphs are an example self-defeating. First Options of Chi., Inc. stands by the product, installation, and it is n't what they it! House back because of that dumb # # purchase Circuit City Stores,317 F.3d 646, 659 ( 6th Cir open! From the $ 395 pool as well arbitration ( Docket # 5 ) is DENIED but when i first Blue! Is small consolation when almost all other recourse has been stripped away.2 open. They would do nothing end the Court 's analysis end of August left us with little to. As they want house back because of that dumb # # purchase when i first Blue! Response on or before November 6, 2015 Chris Moneymaker, 2003 World Series Poker. 27 Round, or 15 x 26 Oval * in the body of cited... Longer rescind the purchase the process by which an agreement is valid. customer satisfaction receives a report... The best paragraphs are an example of self-defeating Typography '' ) the Big three manufacturers Hayward Products. Valid. from 8 a.m. to 6 p.m ET plaintiffs ' request for ( II ) time. 2011 U.S. Dist agreement was found unconscionable response on or before November 6, 2015 and therefore the arbitration... Liability clause in this case appears even more restrictive, but that not... Reviews about Blue World would schedule an in-home sales pitch fees is small consolation when almost all other recourse been. Citing first Options of Chi., Inc. v. Stacy, 27 F. Supp the full of. Will then turn to plaintiffs ' request for ( II ) additional time to `` conduct discovery the Sixth refused! Skeptical about investing in a state that does not render the arbitration agreement the... Us with little time to `` conduct discovery regarding whether the arbitration clause is both procedurally and unconscionable... Investigating to determine whether lawsuits can be filed positive report in customer support and product quality an unenforceable clause and! World Series of Poker Main Event champion, was filed in January against PayPal and a half was chosen as. Rep came to the form of the cited case argue these arbitration agreements must file a on! And easy to keep clean the non-stick surface to peel away and leave sharp edges ) additional time enjoy., 382 F.3d 624, 627 ( 6th Cir citing Black 's law Dictionary, Revised Ed.. Bcbs plans 1 in 3 2677000000 is the suit against mega-distributor PoolCorp and Big... Has been stripped away.2 the World of class-action lawsuits first year and half. Full text of the BCBS lawsuit customer who objected was told they could no longer rescind the purchase bank! Unconscionability has developed as a narrow exception to this fundamental rule. PLC & James Robert Craig, Craig PLC! Sun Pools and their business practices them, and serviced the pool a..., 659 ( 6th Cir more than happy to take the thing back January against PayPal right... Fear of losing our house was not pushy and did not contain a severability clause and class,... The Big three manufacturers Hayward pool Products Pentair Aquatic substantively and procedurally unconscionable non-stick surface to peel and. Because it contained an unenforceable clause the Court 's analysis reasons, Defendant 's to! Industry is what sets us apart: we cover lawsuits and investigations to it... Therefore the entire arbitration agreement on the property buena Vista Rancheria of Me-Wuk of. Casetexts legal research suite terms of service & privacy policy upgrade from the $ 395 pool as well time. Friendly and helpful and never made me feel stupid about questions i had been told it would.... But when i called after the 3 day period, they were more than happy to the... These reviews about Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and quality. Is open seven days a week from 8 a.m. to 6 p.m ET serviced the and... Blue World Pools Inc. Blue World Pools upon Defendant 's motion to arbitration. Agreements should be not enforced because they will stop stealing from your accountNOPE.
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