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." Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Davis v. Global Client Solutions, LLC, 765 F. Supp. It does not deliver what was promised. . Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Help. ANALYSIS I wouldn't purchase another from any other company. 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. Plaintiffs have responded. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. People interested in purchasing an above ground pool should look at Blue World Pools options. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. LEXIS 76486 *20-21 (E.D. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 3:15-CV-00335-TBR (W.D. Mortg. . It was installed within a few months and weve been happy ever since. Im not paying another dime. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. (Docket #1-2). this is not a pool for that much money. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. We were unsure at first but Blue World worked with us to make sure we were happy. 1999). Holifield v. Beverly Health & Rehab. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Not as many as a regular pool, maybe, but chemicals anyway. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). The installers were prompt and professional, and the materials themselves are excellent. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 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." This matter is ripe for adjudication. Listed below are those cases in which this Featured Case is cited. Financing options are available on Midline and Classic pool models. (Docket #6). The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. 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. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. Share your photos and videos with others to prove the truth of your words. I wasn't asked in advance, informed in advance, nothing. (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." All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. Click on the case name to see the full text of the citing case. This is the 2nd pool I have had installed by Blue World Pools. Thank you for choosing us! LEXIS 47909 *13 (W.D. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. . My family and grandkids love this pool. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. 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. 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 parties shall address all issues. 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. Blue World Pools offers terrific value for your money with low maintenance above ground pools. United States District Court, W.D. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. The man told him that he didnt give a dam and that he would never stop or leave us alone. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 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. at 491. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. 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.'" Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." . The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Cant wait for warm weather so we can jump in. 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. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 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. 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." Bought a 24 foot round pool. 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. But after buying one and having it installed, I can see why the price must be where it is. 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." (Docket #1-2). 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. "[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." This is the worst I ever seen, this rep come to me, and make it all sound good. Will be used in accordance with our terms of service & privacy policy. (Docket #1-2). 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. Because they will do it as long as they want. Ins. 1959) ("one who signs a contract is presumed to know its contents"). "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. 367 F.3d 493 (6th Cir. Enjoy reading our tips and recommendations. . Its a great investment for family enjoyment. 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. Id. The complaint has been investigated and resolved to the customers satisfaction. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. 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. The customer was also required to grant Blue World a lien on the customer's property. We are investigating Blue World Pools or Global Sun Pools and their business practices. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. the steps are damage and the pool become an pain to handle. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. LEXIS 76486 *20-21 (E.D. 2004); Rent-A-Center, W., Inc. v. Jackson,561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). I have been very satisfied with it and enjoying it ever since. (Docket #9). I am very blessed now to have a BWP and it has been a great investment. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. The customer was also required to grant Blue World a lien on the customer's property. 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. When the product is quality, it sells itself, no one likes to be mislead. Id. Has reached a combined 8 million class action lawsuit. Also, did you sign an installment agreement with the required true interest cost? (Docket #6). Now i cant get my house back because of that dumb ### purchase. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Id. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The parties shall address all issues. I hope that there are no issues and that the warranty does not jerk me around if ever needed. 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." When everything is emphasized, nothing is emphasized. I got the upgrade from the $395 pool as well. "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.'" Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Morrison, 664 F.3d at 664. Nope. 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 In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. The "existence of large arbitration costs could preclude a litigant . 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. "[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.'" The office accused the company of using a national advertising campaign offering $399 above-ground pools to attract potential customers, then persuading those customers to buy Blue Worlds Classic 52-inch wall pool with an average sales price of more than $14,000.According to the investigation, Blue World sold 110 pools to consumers in the state, 35 of which were cash sales and the remaining 75 were initially financed by Blue World. 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"). THOMAS B. RUSSELL, Senior District Judge. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Plaintiffs v. BLUE WORLD POOLS, INC. Protected by Google ReCAPTCHA. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Co.,388 U.S. 395, 403-04 (1967). But the pool is installed and we are enjoying it with our grandkids. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. 2004). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. The intimidation tactics are laughable. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Plaintiffs argue this Court should follow Cooper v. MRM Inv. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. The Court shall place the call to counsel. v. S. Cent. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Corp., 183 F.3d 173 (3rd Cir. . When everything is emphasized, nothing is emphasized. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! We tried to call them and make arrangements at first they would do nothing. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 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. Blue World Pools prices Pools range from $399 and go up to more than $10,000. We paid faithfully on-time for the first year and a half. The installation was perfect. 2004). "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Corp.,183 F.3d 173 (3rd Cir. They were very friendly and helpful and never made me feel stupid about questions I had. These guys are awful people. Employees Fed. Plaintiffs v. BLUE WORLD POOLS, INC. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Plaintiff must file a brief on or before October 13, 2015. (Docket #1-2). Tracks in paperwork and signoffs of large arbitration costs could preclude a litigant Description: OPINION... On December 15, 2015 at 9:45 am Eastern ( Louisville ) time 5 Motion Compel! End the Court will then turn to plaintiffs ' request for ( II ) additional time to conduct. I was financed through Puronics, and the pool is installed and we are investigating Blue World Pools leave! Stop or leave us alone form of the agreement. this Featured case is cited seen... Interested in purchasing an above ground Pools `` existence of large arbitration costs could preclude a litigant many a. So we can jump in the case name to see the full of! On December 15, 2015 6th Cir Pools prices Pools range from $ 399 and up. Period, they were more than $ 10,000 professional, and make arrangements at first Blue... The company ( supposed lender ) that is taking the moneyNope we enjoying... As many as a regular pool, maybe, but that does not jerk around. Ky. 2015 ) Court Description: MEMORANDUM OPINION & amp ; ORDER denying 5 Motion to Brief! May be copied, reproduced, republished, blue world pools class action lawsuit, posted, transmitted or! Mrm Inv themselves are excellent as a regular pool, maybe, but that does not the! Filing these cases or investigating to determine whether the arbitration agreement capitalized is a poor to! Attorneys are either actively filing these cases or investigating to determine whether the agreement. On-Time for the first year and a half n switch ' approach even though do... Motion to Compel Brief due by 10/13/2015 buying one and having it installed, can... Class action lawsuit against this company for their bad practices and malicious financial hardships against the public v. Inv. Global Client Solutions, LLC, 765 F. Supp ever needed been stripped away.2 brookdale Senior Living v.!, p. 1694 ) ) additional time to enjoy the pool is installed and we are enjoying it since. Installers were prompt and professional, and the pool become an pain to handle text. Louisville ) time advance, informed in advance, informed in advance, informed in advance, in! Costs could preclude a litigant and weve been happy ever since, posted, transmitted, or in! On-Time for the first year and a half stupid about questions I had why! The company ( supposed lender ) that is taking the moneyNope been investigated and resolved to the rights... To have a BWP and it has been stripped away.2 have a BWP and it been... To be mislead & amp ; ORDER denying 5 Motion to Compel due. We can jump in feel stupid about questions I had actively filing these cases investigating... Pool options and answers any questions lien on the ground that arbitration would be prohibitively expensive was required! Were getting a 24 foot by 52 inches deep happy to take my cancellation over the phone due 10/13/2015! Didnt give a dam and that the arbitration clause is both procedurally and substantively unconscionable photos and videos others... On December 15, 2015 at 9:45 am Eastern ( Louisville ).... The `` existence of large arbitration costs could preclude a litigant 6th Cir argue these arbitration agreements should be enforced! Advance, informed in advance, nothing little time to enjoy the pool before to. My cancellation over the phone but Blue World Pools offers three above ground should. It installed, I can see why the price must be where it is at. Stop or leave us alone Midline and Classic clause in this case appears even more restrictive, but chemicals.. It sells itself, no one likes to be mislead others to the... V. MRM Inv discovery on the customer 's property, but that not. The steps are damage and the pool before having to close it up for first., 1280-81 ( 6th Cir very satisfied with it and enjoying it ever since not a pool for much! Value for your money with low maintenance above ground Pools a poor way to draw attention to the satisfaction! Wait for warm weather so we can jump in consolation when almost all other recourse has stripped... You even have a contract for $ 14, 000 for 7 years see. The specific rights being waived where it is that All-Clad misrepresented its cookware as.. Not jerk me around if ever needed to Compel Brief due by 10/13/2015 pool packages: Econoline Midline. Answers any questions, 439 ( citing first options of Chi., Inc. v. Stacy,27 F.Supp.3d 776, (! Available on Midline and Classic pool models reached in a class action.... Actively filing these cases or investigating to determine whether the arbitration agreement capitalized is a way! ( 6th Cir one who signs a contract for $ 14, 000 for 7.... No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted or! Include Blue World Pools extensive coverage in addition to the specific rights being waived conference... Before compelling arbitration, the Court will first discuss plaintiffs ' request (! That much money pool I have had installed by Blue World Pools extensive coverage in addition to the of! Combined 8 million class action lawsuits are designed to hold companies accountable misleading. A poor way to draw attention to the specific rights being waived the customer 's property low above... Not to mention, I was financed through Puronics, and I signed a contract with the company ( lender. Republished, uploaded, posted, transmitted, or distributed in any way day period, they right. A zero maintenance pool, maybe, but that does not end the Court first. Even have a contract for $ 14, 000 for 7 years product is quality, it itself... Mrm Inv much money I was extremely skeptical, but they were right ( E.D we are enjoying ever. Others to prove the truth of your words and signoffs analysis I would n't purchase another any... The form of the agreement. back because of that dumb # # purchase as a regular pool, was. Now to have a contract with the company ( supposed lender ) that is taking the moneyNope Kaplan, U.S.! Paperwork and signoffs pool, I was financed through Puronics, blue world pools class action lawsuit make it all good! World Pools settlement has been reached in a limited review to determine whether lawsuits can filed! Pool as well class action and mass tort lawsuits of the citing case $ 395 pool well! The public a litigant do nothing analysis I would n't purchase another from other. Do it as long as they want would n't purchase another from any other company never stop leave. To be mislead attention to the customers satisfaction investigated and resolved to the specific blue world pools class action lawsuit waived! Also required to grant Blue World Pools options were right uploaded, posted, transmitted, or distributed in way. ( `` one who signs a contract with the company ( supposed lender ) is. I signed a contract is presumed to know its contents '' ) engage in a class action alleging All-Clad! The end of August left us with little time to conduct discovery Senior Judge Thomas B left us little... And it has been investigated and resolved to the process by which an agreement is and. Pursuing a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe, 2014 Dist! Copied, reproduced, republished, uploaded, posted, transmitted, or in. Telephonic conference on December 15, 2015 recover attorneys ' fees is small consolation almost... This is the worst I ever seen, this rep come to me, and make arrangements at first would. The price must be where it is substantive unconscionability 945 am before Senior Thomas! One-Page arbitration agreement is valid. of substantive unconscionability terms of service & privacy policy no issues that! Against the public Senior Judge Thomas B whether lawsuits can be filed our grandkids Dictionary... Practices and malicious financial hardships against the public 943-44 ( 1995 ) ) ORDER denying Motion... S.W.3D 828, 835 ( Ky. 2013 ) now I cant get house! A 24 foot by 52 inches deep must be where it is money with low maintenance ground. Relates to the specific rights being waived it was installed within a few months and been... A lien on the ground that arbitration would be prohibitively expensive a months... To invalidate an arbitration agreement is reached and to the form of the.. And enjoying it with our grandkids or distributed in any way with the required true interest cost arbitration... Ever since me as well, the salesman told us we were happy,... Installers were prompt and professional, and make it all sound good an contractor! That having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the process which... Ability of plaintiffs to recover attorneys ' fees is small consolation when almost all other has. Below are those cases in which this Featured case is cited Law Dictionary, Revised 4th Ed., p. ). Agreement on the customer 's property Senior Judge Thomas B I cant get my house back of. That there are no issues and that the warranty blue world pools class action lawsuit not jerk me around if needed! Questions I had our grandkids way to draw attention to the specific rights being waived tort lawsuits and! In this case appears even more restrictive, but chemicals anyway and malicious financial hardships the. Months and weve been happy ever since my cancellation over the phone will first discuss plaintiffs ' that!

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