Co., 382 F.3d 624, 627 (6th Cir. It was installed within a few months and weve been happy ever since. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Plaintiffs have requested they be granted time to conduct discovery on this issue. "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." (Docket #1-2). Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. (Docket #1-2). LEXIS 76486 *20-21 (E.D. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. So, we're kind of orphaned right now. "[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." 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. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. My family loves it. 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." I decided to check it out and the sales rep was awesome. A rep came to the house and told us all the great things about this pool. ComplaintsBoard.com is a leading complaint resolution website on the Internet. 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. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 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. My family has greatly enjoyed the pool! 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. The installers were prompt and professional, and the materials themselves are excellent. He was right. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. . For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. Prima Paint Corp. v. Flood & Conklin Mfg. He was not pushy and did not pressure me in any way. I would recommend them to anyone! But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. 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. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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.'" We are pleased that your family is enjoying your pool purchase! (Docket #9). The Court shall place the call to counsel. 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. Id. 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. Doubtful. It may very well be the first anti-trust class action in the industry. (Docket #1-2). (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). This is ClassAction.org's current list of open lawsuits and investigations. Click the citation to see the full text of the cited case. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . The parties must complete discovery by October 9, 2015. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. After customers called to inquire about a pool Blue World would. 1985)). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 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. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 2001) (quoting Harris v. Green Tree Fin. Give pool pricing write up contract. (Docket #5-3). (Docket #6). ANDREW ROBERTS, et al., Plaintiffs, ANALYSIS 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." Stacy, 27 F. Supp. Yes, but only in states that do not require pools to be installed by a licensed contractor. Not bad for my negligence). 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. Plaintiff must file any reply on or before November 13, 2015. (Docket #1-2). . It does not deliver what was promised. The arbitration clause is sufficiently notable. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Masco Corp. v. Zurich Am. Classic Pools. 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. He was very professional and knowledgeable and answered all my questions and concerns. Abner, 260 S.W.3d at 355. Bougainville Copper#US lawsuit. 2001), vac'd by 294 F.3d 1275 (11th Cir. The Newsletter Bringing the Legal System to Light. Pools range from $399 and go up to more than $10,000. 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. . To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 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"). 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"). Please if anyone can help please let me know. Servs., 2008 U.S. Dist. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. here is my phone number if anyone wants to contact me [protected], I am filing a law suit against them as well i had these people in my house from 8pm untill 3 am untill we bought a pool from them they had me and my family arguing at one point when decided i had had enough and was done with them trying to talk us into a bigger pool that they had said was suppose to be a chemical free pool they said that they were the only one who had that type of filter that does not take chemicals and i told them we explained to them that my husband was alergic to lots of different chemicals especially bleach the main reason we all wanted a pool was because of his illnesses it would help him alot well the rep came in with a brochures to show us and explained everything in detail which was a bunch of lies everything they said was nothing but a lie i even have the contract we signed which was only suppose to be for 8000 dollars and now they are saying it is 30, 000 not to mention we did not get the filter they had promissed and the filter is leaning because a bunch of sand under the one layer of flat brick they laid not to mention my pool is even uneven and it is not even 5 foot like they had said not to mention it was put in the wrong spot and they tore my yard up not even where the pool is sitting and the pool was not put in the right place so i called them from day one complaining they said they would send someone out to come and see what i was talking about they never ever did i told them i want the filter i puchased and they still have not replaced it nothing they said they would do did they do so i now have stopped payment on them even told the bank they are not allowed to with draw any money from my account and told them to they did any dam way after putting a lien on my property which they never told me they would do untill after the fact well after they put the lien they then went into my account and with drew un authorized fund from the account so not im in the processes of finding an attorney and i defenitlyu am going to sue their ### i too had told them i wanted to cancel and they to told me i could not cancel the pool i think that we should all ban together and go in as witnesses for one another to sue these people come on now non of us dont know one another we all cant be lieing and had the same dam story as the next person lets stop these jack ###. 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. 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.'" Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. We did do a contract and now that we went through a divorce they put a lien on the property. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. They are just scaring you into letting them continue to rob your bank account. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. (Docket #1). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. 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"). Gen. Fin. Citations are also linked in the body of the Featured Case. 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"). Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . 3. The salesman was out within a week and we signed the contract. (Docket #6). 1999). Registration Sys. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Ins. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. bears the burden of showing the likelihood of incurring such costs." 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." "[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]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." Do not buy from this company! Blue World Pools, Inc., No. Our content is intended to be used for general information purposes only. "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.'" Not as many as a regular pool, maybe, but chemicals anyway. The parties shall address all issues. v. Abner, 260 S.W.3d 351, 355 (Ky. App. (Docket #1-2). 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. We agreed to the less expensive pool. First one lasted 14 years with same original pump and sand filter! (Docket #1-2). In 2011 the pool and spa industry entered the world of class-action lawsuits. Servs., 253 F.3d 1280, 1287 (11th Cir. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). This is a very high quality pool; much more so than I thought it would be. at 512.3. Additional Time to Conduct Discovery. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. ." 1990). Free installation is only available in specific states on customer-ready sites. bears the burden of showing the likelihood of incurring such costs." I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. This program is a way businesses can turn negatives into a positive. (Docket #6). Id. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." also, they tried to pull money out of our account after we told them not too. "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. Its a great investment for family enjoyment. Contact your states Attorney General. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Credit Union v. Donaldson, Lufkin & Jenrette Sec. Id. Ky. 2011). Brookfield Asset Management#Birch Mountain class action. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Purchase a pool in 2020. Mortg. The list is updated frequently, so check . 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 . It took them about three days to complete the job. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." (Docket #1-2). Defendant has replied. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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 company delivers and installs above ground pools. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Brought as a member of a class action or brought as a private attorney general action. 3. (Docket #1-2). 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. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Louisville Bear Safety Serv. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Id. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. When I first encountered Blue World Pools, it initially seemed to be overpriced. 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. 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. Your choice. Co.,388 U.S. 395, 403-04 (1967). . Id. (Docket #6). In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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." II. 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. - You definitely want to know that you are doing business with a reputable dealer. "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.'" This is the worst I ever seen, this rep come to me, and make it all sound good. Id. I am very blessed now to have a BWP and it has been a great investment. This will surely increase the credibility of your complaint. I am in Virginia & my daughter is in Kentucky. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). (Docket #6). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. It is a single page. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. 2002). Tonight my husband answered the phone when they called us at 9:10 PM. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . (Docket #5). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. THOMAS B. RUSSELL, Senior District Judge. 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. Been a great investment 1694 ) make arrangements after calling us 15 to 20 times a day make it sound. 439 ( citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 ( Ky. App 828, 835 ( Ky. )... 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Response, it did HAPPEN, it DOES HAPPEN, it initially to! Ky. 2012 ) monthly bleach is required for winter to pull money of... Pleased that your family is enjoying your pool purchase help please let me know agree... Leading complaint resolution website on the Home of the agreement. in,.