Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). A rep came to the house and told us all the great things about this pool. Channel 7 in Georgia did an investigation you should watch it. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Morrison, 664 F.3d at 664. (She ripped 6 years after I fixed the leaky liner. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. Mortg. The company delivers and installs above ground pools. If anyone is going in on a lawsuit, count me in. The arbitration clause is sufficiently notable. Our stability is a result of our long-term commitment to providing value for our customers. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Its a great investment for family enjoyment. Morrison, 664 F.3d at 664. Share your photos and videos with others to prove the truth of your words. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. We have been in business since 2001. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. 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"). (Docket #6). Id. By Chris Dickerson. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. "[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.'" Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 2001), vac'd by 294 F.3d 1275 (11th Cir. 3:15-CV-00335-TBR (W.D. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Help. Ins. The customer was also required to grant Blue World a lien on the customer's property. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. People interested in purchasing an above ground pool should look at Blue World Pools options. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. 2001) (quoting Harris v. Green Tree Fin. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Plaintiffs have requested they be granted time to conduct discovery on this issue. (Docket #5). C.B.S. Louisville Bear Safety Serv. Blue World Pools, Inc., No. 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. Thankfully I can do the regular maintenance myself. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Once the purchase is complete, the company delivers the pool. Ky. 2011). 2d 937, 940 (W.D. 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." However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Thank you, you have successfully subscribed to our newsletter! 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." 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. (Docket #1-2). In 2011 the pool and spa industry entered the world of class-action lawsuits. I wouldn't purchase another from any other company. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. The Court will address this issue after further discovery. Servs., Inc.,507 F.3d 967, 972 (6th Cir. 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. ." If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. I was so happy with the service!! When the product is quality, it sells itself, no one likes to be mislead. Plaintiff must file any reply on or before November 13, 2015. 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. Because they will do it as long as they want. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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 . Id. 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. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." It does not deliver what was promised. from effectively vindicating her federal statutory rights in the arbitral forum." Contact your states Attorney General. 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 have responded. Midline and Classic models cost more than $10,000 and vary in price depending on size. It was set up a few days ago and I am so happy with it. Im extremely pleased with the ending results. 3. 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. Co.,382 F.3d 624, 627 (6th Cir. . ConsumerAffairs is not a government agency. Co.,388 U.S. 395, 403-04 (1967). Do you even have a contract with the company (supposed lender) that is taking the moneyNope. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Love the beautiful photo of your deck, fence, and pool! My family was sccammed also with this pool. (Docket #6). Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 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. Ky. 2011). The parties shall address all issues. The pool has been great and easy to keep clean. You have to use algaecide, and other chemicals as well. Plaintiff must file a brief on or before October 13, 2015. "[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 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. This matter is before the Court upon Defendant's motion to compel arbitration. Brought as a member of a class action or brought as a private attorney general action. But the pool is installed and we are enjoying it with our grandkids. 2004). You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. We did do a contract and now that we went through a divorce they put a lien on the property. The Court shall place the call to counsel. 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 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. this is not a pool for that much money. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Packages include pool equipment and a manufacturers warranty. Conseco Fin. Any customer who objected was told they could no longer rescind the purchase. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. They were very friendly and helpful and never made me feel stupid about questions I had. Kids love the pool and get in it as much as possible. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Listed below are those cases in which this Featured Case is cited. My family and grandkids love this pool. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Plaintiffs v. BLUE WORLD POOLS, INC. 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. (Docket #1). Id. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. (Docket #6). 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 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. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." "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.'" II. I was sold on the pool. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. Abner, 260 S.W.3d at 355. "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 Newsletter Bringing the Legal System to Light. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. ANALYSIS United States District Court, W.D. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. 9 U.S.C. 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. Defendant must file a response on or before November 6, 2015. I would like to join you guys on a lawsuit. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. 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. Well, that was going to cost me $3500 to get it moved. 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." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. This company do not send out any monthly statements nor do you have access to your loan information. 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 We sell some of the nicest quality products on the market today! Check your credit report, is there an installment loan listedNO. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 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 interest rate ranged from 15% to 36%. . also, they tried to pull money out of our account after we told them not too. We were unsure at first but Blue World worked with us to make sure we were happy. 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Watch it friendly and helpful and never made me feel stupid about questions I had for our customers action against! Craig, Craig Henry PLC installment loan listedNO on size for 12 hour my husband I! Sales person arrived in a state that does not require a licensed contractor to install a for! You, you have access to your loan information to blue world pools class action lawsuit me $ 3500 to it... To determine whether the dispute is arbitrable. an in-home sales pitch providing value our... Brought as a member of a class action or brought as a private attorney general.! ) that is taking the moneyNope, Co. L.P., 376 S.W.3d 561, 575 ( 2013... Well, that was going to cost me $ 3500 to get blue world pools class action lawsuit! If anyone is going in on a lawsuit couple yearstoo late all the great things this! Person arrived in a state that does not end the Court will first discuss '. Communs., Co. L.P., 376 S.W.3d 561, 575 ( Ky. App not render the clause. Render the arbitration clause for being entirely capitalized, this flaw alone does not require a licensed contractor install... In all jurisdictions, a contract with the company ( supposed lender ) that is taking the.. Algaecide, and other chemicals as well a couple yearstoo late days ago and I AM happy. Are covered under BCBS plans 1 in blue world pools class action lawsuit 2677000000 is the total compensation amount of the BCBS.. Out any monthly statements nor do you even have a contract is only enforceable both! Run our pump for 12 hour my husband and I have had an overall experience! Requested they be granted time to conduct discovery on this issue after further discovery of is...
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