blue world pools class action lawsuitsuper duty trans am for sale

The arbitration clause is sufficiently notable. 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"). Ky. Sep. 11, 2015). - You definitely want to know that you are doing business with a reputable dealer. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Well, that was going to cost me $3500 to get it moved. 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. Id. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. I hope this helps you because you are not alone. This is the worst I ever seen, this rep come to me, and make it all sound good. Do not buy from this company! When I first encountered Blue World Pools, it initially seemed to be overpriced. Who knows. Id. 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." LEXIS 76486 *20-21 (E.D. Id. . The customer was also required to grant Blue World a lien on the customer's property. Im not paying another dime. "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." Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. (Docket #6). Prima Paint Corp. v. Flood & Conklin Mfg. 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. By Chris Dickerson. (Docket #6). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . They are seeking back pay for missed wages and a trial by jury. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Co.,382 F.3d 624, 627 (6th Cir. (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. The interest rate ranged from 15% to 36%. This review was chosen algorithmically as the most valued customer feedback. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. The salesman had all types of information and facts about going with the non- chlorine pool. (Docket #5). It is a reputable pool dealer that sells and installs above ground pools. I have been very satisfied with it and enjoying it ever since. Nope. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. If you need a pool I highly suggest Blue World Pools. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." (Docket #6). - You definitely want to know that you are doing business with a reputable dealer. (Docket #6). Credit Union v. Donaldson, Lufkin & Jenrette Sec. Copyright 2022 Consumers Unified LLC. All pool packages come with a manufacturer's warranty. (Docket #9). The list is updated frequently, so check . But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. 1985)). The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 367 F.3d 493 (6th Cir. (Docket #1-2). (Docket #1-2). Plaintiffs have responded. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. Registration Sys. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. This will surely increase the credibility of your complaint. 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 goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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. Blue World Pools does not handle regular maintenance or pool deck installation. . Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Conseco Fin. (Docket #9). The Newsletter Bringing the Legal System to Light. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Preston v. Ferrer, 552 U.S. 346, 349 (2008). I was amazed how easy it was to get it prepared for this year's swimming season. Blue world pools class action lawsuit. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Morrison, 664 F.3d at 664. 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. We have been in business since 2001. The parties must complete discovery by October 9, 2015. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. (Docket #6). This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. (Docket #6). 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). 2001). Your choice. Ins. Id. Enjoy reading our tips and recommendations. 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. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . . My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 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:. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Plaintiffs have responded. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). If anyone is going in on a lawsuit, count me in. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. We are pleased that your family is enjoying your pool purchase! 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." 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. 2001) (quoting Harris v. Green Tree Fin. Mortg. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. 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. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). . bears the burden of showing the likelihood of incurring such costs." 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. (Docket #1-2). Green Tree, 531 U.S. at 90-91. Defendant must file a response on or before November 6, 2015. ANDREW ROBERTS, et al., Plaintiffs, . Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. The salesman was out within a week and we signed the contract. I just want them to take the thing back. Even though they are a little on the expensive side I would recommend them for the quality. British American Tobacco#Canadian class action lawsuit \. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." bears the burden of showing the likelihood of incurring such costs." Blue World Pools Inc No. Bougainville Copper#US lawsuit. (She ripped 6 years after I fixed the leaky liner. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 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. 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. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." 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. Plaintiff must file a brief on or before October 13, 2015. 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. Additional Time to Conduct Discovery. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. No, Blue World Pools is not a scam. My family was sccammed also with this pool. No chemicals, just a gallon of bleach a week. Id. the steps are damage and the pool become an pain to handle. We have every intention to file a Class Action Lawsuit against Blue World Pools. It was installed within a few months and weve been happy ever since. Brazilian hair straightening#Class action lawsuits. Plaintiffs v. BLUE WORLD POOLS, INC. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. I will be happy to become involved in a class action lawsuit against them. Any customer who objected was told they could no longer rescind the purchase. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. We agreed to the less expensive pool. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." Id. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Abner, 260 S.W.3d at 355. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Blue World Pools Inc No. Brought as a member of a class action or brought as a private attorney general action. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. We have been in business since 2001. 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. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. (citation and punctuation omitted). Its location on this page may change next time you visit. 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. I am very blessed now to have a BWP and it has been a great investment. Id. 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. 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. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. You can choose to pay in full or select a financing option. I knew it was little flakey when you look at the commercial. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. 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." Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 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. 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. Thank you for choosing us! I signed the paperwork to purchase the pool. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. I wasn't asked in advance, informed in advance, nothing. 3d at 790. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 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.'" Plaintiffs also criticize the arbitration clause for being entirely capitalized. 2008). Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. "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 Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. I want to sue these people and do not know how. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. . The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Id. Share your photos and videos with others to prove the truth of your words. 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"). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). --------. Custom decking shown. 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. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. It took them about three days to complete the job. LEXIS 58840, *11 (W.D. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 3. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." at 512. See Perez v. Globe Airport Sec. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. . These guys are awful people. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. We finally agreed and they were supposed to send us paperwork. LEXIS 47909 *13 (W.D. C.B.S. Please if anyone can help please let me know. Classic Pools. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 1959) ("one who signs a contract is presumed to know its contents"). Masco Corp. v. Zurich Am. 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"). Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 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. 3:15-CV-00335-TBR (W.D. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Green Tree Fin. Buena Vista Rancheria of Me-Wuk Indians of California#History. The man called my husband a liar, told him to give him a break, yelled at him. My husband agreed. Brookfield Asset Management#Birch Mountain class 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." In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 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. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Defendant, Thomas B. Russell, Senior Judge United States District Court. I pool ionizer is great, and even after heavy rains the water stays clear.

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