Please if anyone can help please let me know. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Id. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. The interest rate ranged from 15% to 36%. They ask the court to void the transactions. We tried to call them and make arrangements at first they would do nothing. Stacy, 27 F. Supp. Kentucky, Louisville Division.https://leagle.com/images/logo.png. 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. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. (Docket #6). 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." The lawyers get paid, and so should you. 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"). To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Plaintiff must file a brief on or before October 13, 2015. Blue World Pools contacts (added by reviewer) Phone number +1 888 . If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. No chemicals, just a gallon of bleach a week. 2001), vac'd by 294 F.3d 1275 (11th Cir. 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. 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 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. Blue world pools class action lawsuit. (Docket #6). (Docket #1-2). Any customer who objected was told they could no longer rescind the purchase. . My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. Ky. 2014). The installers were prompt and professional, and the materials themselves are excellent. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). "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. It took them about three days to complete the job. We too were scammed. United States District Court, W.D. also, they tried to pull money out of our account after we told them not too. (Docket #6). 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 #1-2). at 512.3. The parties must complete discovery by October 9, 2015. . Employees Fed. Abner, 260 S.W.3d at 355. Id. (Docket #1-2). This program is a way businesses can turn negatives into a positive. (Docket #6). Credit Union v. Donaldson, Lufkin & Jenrette Sec. (Docket #9). It may very well be the first anti-trust class action in the industry. This matter is ripe for adjudication. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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." An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." . Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. . Make your practice more effective and efficient with Casetexts legal research suite. 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." 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. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Holifield v. Beverly Health & Rehab. I would recommend them to anyone! This matter is ripe for adjudication. (Docket #1-2). Doubtful. . 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 . Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Citations are also linked in the body of the Featured Case. The statute of limitations on rescission of the transaction under TILA is 3 years. Check your credit report, is there an installment loan listedNO. Blizzard Entertainment#StarCraft privacy lawsuit. So, we're kind of orphaned right now. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Defendant must file a response on or before November 6, 2015. BLUE WORLD POOLS, INC., Defendant. (Docket #5). The man called my husband a liar, told him to give him a break, yelled at him. Blue World Pools Inc. Blue World Pools Overview. These guys are awful people. The customer was also required to grant Blue World a lien on the customer's property. Mortg. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." I wouldn't purchase another from any other company. 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. 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." Abner, 260 S.W.3d at 355. 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. Some of the contracts have Truth-In-Lending Act (TILA) violations. (Docket #6). 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." When the product is quality, it sells itself, no one likes to be mislead. My family and grandkids love this pool. 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." It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. "[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 Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. (Docket #1-2). "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 was installed within a few months and weve been happy ever since. (Docket #6). 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. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." We had to close the account. Corp.,912 F.2d 1563, 1567 (6th Cir. Credit Union v. Donaldson, Lufkin & Jenrette Sec. (Docket #5). at 512. We have been in business since 2001. The installation department works well with you and keeps you informed with whats going on during the process. The Court will address this issue after further discovery. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. 367 F.3d 493 (6th Cir. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). Can they put a lien on your house? The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Id. Thank you for choosing us! I pool ionizer is great, and even after heavy rains the water stays clear. Masco Corp. v. Zurich Am. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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. Has reached a combined 8 million class action lawsuit. Registration Sys. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Plaintiffs also criticize the arbitration clause for being entirely capitalized. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Get buying tips about Pool Companies delivered to your inbox. We were unsure at first but Blue World worked with us to make sure we were happy. Brookfield Asset Management#Birch Mountain class action. Your choice. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. "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."
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