I was sold on the pool. 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. 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. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." . 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. This is a very high quality pool; much more so than I thought it would be. at 491. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Installation is included in the price and can be done in a matter of days. Packages include pool equipment and a manufacturers warranty. Blue World Pools -. Credit Union v. Donaldson, Lufkin & Jenrette Sec. "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. Conseco Fin. 1999). "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." 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. I think you people are missing the real crime here. LEXIS 76486 *20-21 (E.D. 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. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. bears the burden of showing the likelihood of incurring such costs." The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Blue World Pools Inc No. 2004). Registration Sys. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. We too were scammed. 3:15-CV-00335-TBR (W.D. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." These guys are awful people. (Docket #6). This program is a way businesses can turn negatives into a positive. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. All pool packages come with a manufacturer's warranty. (Docket #1-2). The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. We had to close the account. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (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." 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. My family loves it. 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.'" 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. We tried to call them and make arrangements at first they would do nothing. Nope. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 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. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Plaintiffs v. BLUE WORLD POOLS, INC. The installation was perfect. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." 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"). . Id. 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. v. Abner, 260 S.W.3d 351, 355 (Ky. App. The Court shall place the call to counsel. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. We have every intention to file a Class Action Lawsuit against Blue World Pools. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Listed below are the cases that are cited in this Featured Case. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. 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. It was installed within a few months and weve been happy ever since. A link has directed you to this review. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. ." Corp., 183 F.3d 173 (3rd Cir. Holifield v. Beverly Health & Rehab. I will say the installer was awesome and very thorough, the pool quality is apparent. 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." 3d at 790. 367 F.3d 493 (6th Cir. Louisville Bear Safety Serv. He was not pushy and did not pressure me in any way. Plaintiffs have responded. 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. It was installed in late August by a great crew. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Elec. See Perez v. Globe Airport Sec. 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. Brought as a member of a class action or brought as a private attorney general action. I was so happy with the service!! After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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 parties must complete discovery by October 9, 2015. This matter is ripe for adjudication. I was very skeptical about investing in a Blue World Pool. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. no loan agreement and you not acknowledging a debtforget it. 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 FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. (Docket #6). Thank you for choosing us! Very competent people who sold the pool, answered the phones, and serviced the pool. Pools range from $399 and go up to more than $10,000. I knew it was little flakey when you look at the commercial. Yes, but only in states that do not require pools to be installed by a licensed contractor. 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. Ky. 2011). Because they will do it as long as they want. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." The Court will address this issue after further discovery. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Seawright v. Am. Co.,388 U.S. 395, 403-04 (1967). The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. (Docket #9). Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. (Docket #6). FAQ. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Davis v. Global Client Solutions, LLC, 765 F. Supp. We are investigating Blue World Pools or Global Sun Pools and their business practices. Green Tree Fin. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. The arbitration clause is sufficiently notable. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Defendant must file a response on or before November 6, 2015. The installers were prompt and professional, and the materials themselves are excellent. 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! 3:2015cv00335 - Document 10 (W.D. the steps are damage and the pool become an pain to handle. LEXIS 76486 *20-21 (E.D. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. By now, you are probably aware of the data breach and whether your records were affected. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." 1959) ("one who signs a contract is presumed to know its contents"). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 9 U.S.C. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 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. Defendant has replied. Green Tree, 531 U.S. at 90-91. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Make your practice more effective and efficient with Casetexts legal research suite. The man called my husband a liar, told him to give him a break, yelled at him. My husband told him that he was going to attempt to record the call. (Docket #5). Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Its a great investment for family enjoyment. 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. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." My husband agreed. Servs., Inc.,507 F.3d 967, 972 (6th Cir. 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." Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. I was amazed how easy it was to get it prepared for this year's swimming season. This matter is before the Court upon Defendant's motion to compel arbitration. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. v. Abner,260 S.W.3d 351, 355 (Ky. App. 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. Morrison, 664 F.3d at 664. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Morrison, 664 F.3d at 664. 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 . Blue World Pools contacts (added by reviewer) Phone number +1 888 . The arbitration clause is sufficiently notable. Brazilian hair straightening#Class action lawsuits. "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.'" (Docket #5). Financing options are available on Midline and Classic pool models. File a complaint to Blue World Pools. Carson Street Suite 4925 Carson City Nevada United States of America. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Id. We are pleased that your family is enjoying your pool purchase! Id. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. I would recommend them to anyone! 1985)). Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. The parties must complete discovery by October 9, 2015. 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