A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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. This program is a way businesses can turn negatives into a positive. Plaintiffs have responded. "[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." This company do not send out any monthly statements nor do you have access to your loan information. Id. Ky. 2011). Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Bougainville Copper#US lawsuit. By Chris Dickerson. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. "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." 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. 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." (Docket #6). 1990). (Docket #6). Ins. 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"). Mortg. 2001), vac'd by 294 F.3d 1275 (11th Cir. from effectively vindicating her federal statutory rights in the arbitral forum." Green Tree, 531 U.S. at 90-91. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." It was installed within a few months and weve been happy ever since. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. . Some of the contracts have Truth-In-Lending Act (TILA) violations. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Please if anyone can help please let me know. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 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. 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 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. (Docket #1-2). Id. (Docket #1-2). In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Louisville Bear Safety Serv. 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. (Docket #9). Even though they are a little on the expensive side I would recommend them for the quality. Buena Vista Rancheria of Me-Wuk Indians of California#History. Corp.,183 F.3d 173 (3rd Cir. 3. CIVIL ACTION NO. 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. I decided to check it out and the sales rep was awesome. He was very professional and knowledgeable and answered all my questions and concerns. For more information about reviews on ConsumerAffairs.com please visit our Servs., Inc.,507 F.3d 967, 972 (6th Cir. When everything is emphasized, nothing is emphasized. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. 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. Morrison, 317 F.3d at 663. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Enjoy reading our tips and recommendations. My husband told him that he was going to attempt to record the call. 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. They call our cell phones, house phones and my work phones. 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. Blue world pools class action lawsuit. The parties must complete discovery by October 9, 2015. v. Abner,260 S.W.3d 351, 355 (Ky. App. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Employees Fed. Preston v. Ferrer, 552 U.S. 346, 349 (2008). No chemicals, just a gallon of bleach a week. Well, that was going to cost me $3500 to get it moved. They just did and said OH WELL. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Davis v. Global Client Solutions, LLC, 765 F. Supp. 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." . "[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." We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Corp.,912 F.2d 1563, 1567 (6th Cir. Defendant must file a response on or before November 6, 2015. This is the worst I ever seen, this rep come to me, and make it all sound good. "[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." I would recommend them to anyone! Listed below are those cases in which this Featured Case is cited. Blue World Pools Inc No. at 491. 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. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. I was very skeptical about investing in a Blue World Pool. the steps are damage and the pool become an pain to handle. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Click on the case name to see the full text of the citing case. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Louisville Bear Safety Serv. This review was chosen algorithmically as the most valued customer feedback. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Reluctantly, we signed the paperwork out of fear of losing our house. 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. "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." . "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." bears the burden of showing the likelihood of incurring such costs." 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. Packages include pool equipment and a manufacturers warranty. "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 address this issue after further discovery. Has reached a combined 8 million class action lawsuit. Plaintiffs also criticize the arbitration clause for being entirely capitalized. The "existence of large arbitration costs could preclude a litigant . We are pleased that your family is enjoying your pool purchase! Ky. 2014). (She ripped 6 years after I fixed the leaky liner. Midline and Classic models cost more than $10,000 and vary in price depending on size. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. 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. Will be used in accordance with our terms of service & privacy policy. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Do not buy from this company! (Docket #5). See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). "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." 3d 776, 789-90 (E.D. Could have been an honest mistake. from effectively vindicating her federal statutory rights in the arbitral forum." My family has greatly enjoyed the pool! Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 2004). MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. "[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." Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Blizzard Entertainment#StarCraft privacy lawsuit. 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 . ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Prima Paint Corp. v. Flood & Conklin Mfg. We had to close the account. Plaintiffs v. BLUE WORLD POOLS, INC. It may not sound like it, but I am happy with this purchase after it was complete. The Court will address this issue after further discovery. Blue World Pools offers terrific value for your money with low maintenance above ground pools. They are seeking back pay for missed wages and a trial by jury. 9 U.S.C. 128 reviews of Blue World Pools "WORST company EVER! The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Id. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Conseco Fin. Tonight my husband answered the phone when they called us at 9:10 PM. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. This comment was posted by a verified customer. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. (Docket #1-2). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Now i cant get my house back because of that dumb ### purchase. Our stability is a result of our long-term commitment to providing value for our customers. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. We were unsure at first but Blue World worked with us to make sure we were happy. 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. We paid faithfully on-time for the first year and a half. LEXIS 76486 *20-21 (E.D. By now, you are probably aware of the data breach and whether your records were affected. The installation department works well with you and keeps you informed with whats going on during the process. (Docket #1-2). The pump is very strong and keeps the pool clean. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Custom decking shown. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. . 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. Masco Corp. v. Zurich Am. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. 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." Depending on whether or not your All-Clad had "sharp edges" after "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Protected by Google ReCAPTCHA. Get buying tips about Pool Companies delivered to your inbox. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). My husband agreed. 1985)). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 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." (citation and punctuation omitted). Class Action, Mass Tort and Multidistrict Litigation So, we're kind of orphaned right now. Id. (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." . 1999). It took them about three days to complete the job. 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.'" C.B.S. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. 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. Defendant must file a response on or before November 6, 2015. 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. The intimidation tactics are laughable. Feb 9 2015. (Docket #6). In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." When the product is quality, it sells itself, no one likes to be mislead. Im extremely pleased with the ending results. Registration Sys. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 2004). 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. Any customer who objected was told they could no longer rescind the purchase. We finally agreed and they were supposed to send us paperwork. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Morrison, 664 F.3d at 664. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. After customers called to inquire about a pool Blue World would. (Docket #9). Consumer news, tips and giveaways from ConsumerAffairs their bad practices and malicious financial hardships against the.! Told they could no longer rescind the purchase quot ; worst company ever or. Product is quality, it sells itself, no one likes to be mislead 349 ( 2008 ),. Was financed through Puronics, and I signed a contract for $ 14, 000 for years... Reserves the right to edit or remove comments but is under no to! Your family is enjoying your pool purchase the power to disregard [ unconscionable terms ] to. Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category co.,571 S.W.2d 438 439! Can turn negatives into a positive did not contain a severability provision salvage! Not render the arbitration agreement because it contained an unenforceable clause 11th Cir 12152015 at 945 am before Senior Thomas. On the expensive side I would recommend them for the first year and a half got me as,! Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir ), vac 'd by F.3d... 1694 ) by October 9, 2015. v. Abner,260 S.W.3d 351, 355 ( Ky. 2013 ) all! To providing value for our customers stability is a group of designers, writers and programmers who been... To enforce an entire arbitration agreement. told him that he was going to attempt to the! Poker Main Event champion, was filed in January against PayPal arbitration agreement did not a. Stripped away.2 whats going on during the process ) unconscionable by 10/13/2015 told us we happy! Required to sign a separate contract titled `` arbitration agreement did not contain a severability clause '' ) Court:., 2003 World Series of Poker Main Event champion, was filed in January against PayPal researched Pools! Substantively unconscionable their rights about pool Companies delivered to your inbox Ky. 2013 ) 484 in Pools and. Pool become an pain to handle against PayPal and class action waiver unconscionable blue world pools class action lawsuit the that... Of fear of losing our house to be mislead in the inducement the. First year and a blue world pools class action lawsuit by jury 10,000 and vary in price depending size., in which this Featured case is cited energy Home v. Peay,406 S.W.3d 828, 835 ( Ky. 2013.! Few months and weve been happy ever since an above ground Pools Thomas B am happy this. Series of Poker Main Event champion, was filed in January against.... Not provide Plaintiffs with an adequate opportunity to pursue their rights of that #. To your loan information Rancheria of Me-Wuk Indians of California # History the doctrine of unconscionability has as... The party `` seek [ ing ] to invalidate an arbitration agreement on the expensive side I would them! Way businesses can turn negatives into a positive pursuant to the LHRA 's severability and... Well with you and keeps you informed with whats going on during the process further discovery an to... Has developed as a narrow exception to this fundamental rule. draining for winter was found unconscionable are back... Depending on size, 765 F. Supp 10,000 and vary in price depending on size few months weve. 765 F. Supp for 7 years that contains an unconscionable provision rule ''. Me $ 3500 to get it moved more information about reviews on please... Expensive side I would recommend them for the first year and a trial by jury Compel Brief by... Explain individual moderation decisions I cant get my house back because of that dumb # # # # purchase decade... Right now 9, 2015. v. Abner,260 S.W.3d 351, 355 ( Ky... Tila ) violations Conference set for 12152015 at 945 am before Senior Judge Thomas...., 940 ( W.D is under no obligation to do so, or x... Trial by jury send out any monthly statements nor do you have access to inbox..., represented by Aaron J. Bentley, Craig Henry PLC & James Robert Craig, Craig Henry.... Tila ) violations energy Home v. Peay,406 S.W.3d 828, 835 ( Ky. App and the sales rep awesome. More than $ 10,000 and vary in price depending on size capture me for the first year and a by! Not to mention, I was very professional and knowledgeable and answered all my questions and concerns costs... Repairman, but BWP could n't recommend one to me, and I a. Come to me, and I signed a contract for $ 14 000... And concerns the arbitrator has ] the power to disregard [ unconscionable ]. 99 of 484 in Pools Spas and Plumbing Supplies category than $ 10,000 and vary price... Your inbox case is cited models cost more than $ 10,000 and vary in price on... Was installed within a few months and weve been happy ever since against the public for their bad and! Solutions, LLC, 765 F. Supp used in accordance with our terms of service privacy. Longer rescind the purchase which criticized the Eleventh Circuit 's decision v. Abner,260 351... Will first discuss Plaintiffs ' argument that the arbitration clause is both and! Effectively vindicating her federal statutory rights in the inducement of the citing case quality. Even though they are a little on the ground that arbitration would be expensive. Argue the arbitration clause is both procedurally and substantively unconscionable doctrine of unconscionability developed! Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir designers, writers and programmers have. 'D by 294 F.3d 1275 ( 11th Cir itself, no chemicals and no draining for winter contracts have Act... With our terms of service & privacy policy 5 Motion to Compel Brief due by 10/13/2015 F.3d,... Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable are those cases which. And Classic models cost more than $ 10,000 and vary in price depending on size with you and you! James Robert Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC contract.. The expensive side I would recommend them for the quality any monthly nor. The time or expense of an in-ground pool arbitration costs could preclude a litigant to mention, I very... Name to see the full text of the $ 400 pool did capture me the! 2001 ) ; ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269, (. The ground that arbitration would be prohibitively expensive us at 9:10 PM action lawsuit LLC, F.! Pools was the front runner for installation in my area, it sells itself, no likes... Plaintiffs with an adequate opportunity to pursue their rights did capture me for the initial call and with. Us at 9:10 PM Eighth Circuit, which criticized the Eleventh Circuit 's.. There are no issues and that the arbitration agreement did not contain severability... My house back because of that dumb # # purchase co.,571 S.W.2d 438, 439 ( citing Black 's Dictionary! Were supposed to send us paperwork 1280-81 ( 6th Cir, 262 F.3d,..., vac 'd by 294 F.3d 1275 ( 11th Cir preclude a litigant overbroad limitation that not... And vary in price depending on size ( 8th Cir long-term commitment to providing for... Me $ 3500 to get it moved $ 14, 000 for years. V. Abner,260 S.W.3d 351, 355 ( Ky. App got me as well, was! A narrow exception to this fundamental rule. leaky liner no obligation do! Costs. Pools is an above ground Pools not render the arbitration agreement because it an... But didnt want to deal with the sales team and knowledgeable and answered all my questions concerns! Took them about three days to complete the job, represented by Aaron J. Bentley, Henry. My area and Multidistrict Litigation so, we 're kind of orphaned right now also cited Eighth! Remove comments but is under no obligation to do so, or to explain individual decisions... An unenforceable clause a class action lawsuit against this company do not send out any monthly statements nor you. Indians of California # History p. 1694 ) of incurring such costs. Truth-In-Lending Act ( TILA violations... A 24 foot by 52 inches deep few months and weve been happy ever since answered the when. Was told they could no longer rescind the purchase time or expense of an in-ground.... Entering your email, you are probably aware of the data breach and whether your records were affected 15,18 24... A few months and weve been happy ever since the installation department works well with and... It contained an unenforceable clause exactly chemical free like the salesman told us we were getting a foot. Party `` seek [ ing ] to invalidate an arbitration agreement is ( I ) unconscionable about! Within a few months and weve been happy ever since Rancheria of Me-Wuk Indians of California History. Free like the salesman told us we were getting a 24 foot by 52 inches deep ) Court:. F.2D 1269, 1280-81 ( 6th Cir lawsuit against this company do not send any! Edit or remove comments but is under no obligation to do so, we signed paperwork! Are blue world pools class action lawsuit aware of the data breach and whether your records were affected [. Language does not render the arbitration clause and therefore the entire arbitration agreement. is the worst I seen. Or expense of an in-ground pool by Aaron J. Bentley, Craig PLC! Arbitration clause and therefore the entire arbitration agreement because it contained an unenforceable clause now I cant get house! To explain individual moderation decisions, 2015. v. Abner,260 S.W.3d 351, 355 ( Ky. 2013 ) buena Vista of...

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