blue world pools class action lawsuit

Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. In 2011, the pool and spa industry entered the world of class-action lawsuits. 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. This is the 2nd pool I have had installed by Blue World Pools. 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. This comment was posted by a verified customer. Mortg. Co.,382 F.3d 624, 627 (6th Cir. We have been in business since 2001. Copyright 2022 Consumers Unified LLC. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Brazilian hair straightening#Class action lawsuits. at 491. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Could have been an honest mistake. Any customer who objected was told they could no longer rescind the purchase. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Carson Street Suite 4925 Carson City Nevada United States of America. II. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Contact your states Attorney General. 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. "[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." 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." Green Tree Fin. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Bell Tel. These guys are awful people. The installation was perfect. Listed below are the cases that are cited in this Featured Case. Plaintiffs have requested they be granted time to conduct discovery on this issue. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. The Court will address this issue after further discovery. . "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. "[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." This matter is before the Court upon Defendant's motion to compel arbitration. The parties must complete discovery by October 9, 2015. Im not paying another dime. I had been told it would be free of charge. Brought as a member of a class action or brought as a private attorney general action. He was right. Plaintiffs argue this Court should follow Cooper v. MRM Inv. 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." (Docket #5). . "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." 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. I got a pool from them, and it isn't what they said it was. Id. 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. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. . The man called my husband a liar, told him to give him a break, yelled at him. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). 3d at 790. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 1990). No, Blue World Pools is not a scam. They ask the court to void the transactions. 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! See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." LEXIS 76486 *20-21 (E.D. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. also, they tried to pull money out of our account after we told them not too. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. 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. 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. Conseco Fin. 128 reviews of Blue World Pools "WORST company EVER! Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. Kids love the pool and get in it as much as possible. "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." UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. FAQ. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. She measured where the pool would go and where I wanted it to go. 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. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." The statute of limitations on rescission of the transaction under TILA is 3 years. Abner, 260 S.W.3d at 355. Green Tree Fin. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. 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. He never says that this is an attempt to collect a debt. My family has greatly enjoyed the pool! 2001). Bell Tel. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. We are investigating Blue World Pools or Global Sun Pools and their business practices. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Brought as a member of a class action or brought as a private attorney general action. Bought a 24 foot round pool. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Ky. 2011). They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. 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. Feb 9 2015. This is ClassAction.org's current list of open lawsuits and investigations. This will surely increase the credibility of your complaint. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Because they will do it as long as they want. 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." (citation and punctuation omitted). Check your credit report, is there an installment loan listedNO. Masco Corp. v. Zurich Am. They were very friendly and helpful and never made me feel stupid about questions I had. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 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. I wouldn't purchase another from any other company. Louisville Bear Safety Serv. Servs., 2008 U.S. Dist. Ins. Listed below are those cases in which this Featured Case is cited. 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. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." 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." Credit Union v. Donaldson, Lufkin & Jenrette Sec. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). 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. Citations are also linked in the body of the Featured Case. Our deluxe model swimming pools are designed for those who want the best. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Plaintiffs v. BLUE WORLD POOLS, INC. How do I know I can trust these reviews about Blue World Pools? I wasn't asked in advance, informed in advance, nothing. Tonight my husband answered the phone when they called us at 9:10 PM. It was set up a few days ago and I am so happy with it. "[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.'" If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. When everything is emphasized, nothing is emphasized. at 512.3. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Im extremely pleased with the ending results. He was very professional and knowledgeable and answered all my questions and concerns. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. (Docket #9). I want to sue these people and do not know how. Will be used in accordance with our terms of service & privacy policy. I just want them to take the thing back. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. ANALYSIS 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Abner, 260 S.W.3d at 355. Classic Pools. The company offers free site inspections and consultations. Thankfully I can do the regular maintenance myself. It took them about three days to complete the job. Id. (Docket #5-3). The complaint has been investigated and resolved to the customers satisfaction. The installers were prompt and professional, and the materials themselves are excellent. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. 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. Green Tree, 531 U.S. at 90-91. BLUE WORLD POOLS, INC., Defendant. "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." This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Plaintiff must file any reply on or before November 13, 2015. We did do a contract and now that we went through a divorce they put a lien on the property. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Corp.,912 F.2d 1563, 1567 (6th Cir. 2001) (quoting Harris v. Green Tree Fin. 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. 1985)). Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Attorneys. Blue World Pools, Inc., No. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Be the first one to find this review helpful. Its location on this page may change next time you visit. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. "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. 367 F.3d 493 (6th Cir. Enjoy reading our tips and recommendations. Id. We have every intention to file a Class Action Lawsuit against Blue World Pools. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Not as many as a regular pool, maybe, but chemicals anyway. 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 . The customer was also required to grant Blue World a lien on the customer's property. This review was chosen algorithmically as the most valued customer feedback. No chemicals, just a gallon of bleach a week. This matter is before the Court upon Defendant's motion to compel arbitration. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. 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"). 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." We agreed to the less expensive pool. (Docket #6). Morrison, 317 F.3d at 663. (Docket #6). 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.

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