The real crime is not that you paid too much for the poolthe crime is the illegal financing. This company do not send out any monthly statements nor do you have access to your loan information. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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. The man called my husband a liar, told him to give him a break, yelled at him. Prima Paint Corp. v. Flood & Conklin Mfg. 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. We agreed to the less expensive pool. no loan agreement and you not acknowledging a debtforget it. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Registration Sys. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." "[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'd like to see them try. (Docket #1-2). See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. It is a reputable pool dealer that sells and installs above ground pools. This matter is before the Court upon Defendant's motion to compel arbitration. 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. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." (Docket #5). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). The pump is very strong and keeps the pool clean. The company offers free site inspections and consultations. They ask the court to void the transactions. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. 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." (Docket #6). United States District Court, W.D. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I hope that there are no issues and that the warranty does not jerk me around if ever needed. Who knows. 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"). Co., 388 U.S. 395, 403-04 (1967). 2001) (quoting Harris v. Green Tree Fin. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. It took them about three days to complete the job. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Cant wait for warm weather so we can jump in. They are seeking back pay for missed wages and a trial by jury. Our stability is a result of our long-term commitment to providing value for our customers. Its a great investment for family enjoyment. II. ANALYSIS 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 installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Im not paying another dime. 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. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). 1959) ("one who signs a contract is presumed to know its contents"). Unsubscribe at any time. 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. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." They were very friendly and helpful and never made me feel stupid about questions I had. "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." Customers can also install pools themselves. Id. (Docket #1-2). Corp.,912 F.2d 1563, 1567 (6th Cir. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Id. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Id. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Contact your states Attorney General. I just want them to take the thing back. 3:15-CV-00335-TBR (W.D. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Id. By Chris Dickerson. I got the upgrade from the $395 pool as well. They tricked us into the whole lien on our home as well. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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 burden of proof is on them to show a proponderance of the evidence that you owe them something. 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. Plaintiffs v. BLUE WORLD POOLS, INC. this is not a pool for that much money. Carson Street Suite 4925 Carson City Nevada United States of America. 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 My children and friends have heard the messages because he speaks so loudly. (Docket #9). But when the pool got there we had to pay extra for 52 inches. 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! Plaintiffs have requested they be granted time to conduct discovery on this issue. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Free installation is only available in specific states on customer-ready sites. v. Abner, 260 S.W.3d 351, 355 (Ky. App. C.B.S. . A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. "[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." 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." 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. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 2003). Copyright 2022 Consumers Unified LLC. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! I knew it was little flakey when you look at the commercial. 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. File a complaint to Blue World Pools. 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." No chemicals, just a gallon of bleach a week. Holifield v. Beverly Health & Rehab. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Green Tree, 531 U.S. at 90-91. NOT! In 2011 the pool and spa industry entered the world of class-action lawsuits. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The parties must complete discovery by October 9, 2015. C.B.S. 3d 776, 789-90 (E.D. (Docket #1-2). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. But the pool is installed and we are enjoying it with our grandkids. My wife and I reject their offer. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. Plaintiffs also criticize the arbitration clause for being entirely capitalized. bears the burden of showing the likelihood of incurring such costs." 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. Id. Ky. 2011). Can they put a lien on your house? Very low maintenance, as promised. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. When the product is quality, it sells itself, no one likes to be mislead. "[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." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). An above ground pool is a major purchase. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. This matter is ripe for adjudication. 2001), vac'd by 294 F.3d 1275 (11th Cir. 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. Bell Tel. Plaintiffs have responded. 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 had been told it would be free of charge. Your choice. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. They must get a court order in YOUR countygo right ahead and try that. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. The interest rate ranged from 15% to 36%. They just did and said OH WELL. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. Who signs a contract is presumed to know its contents '' ) pool is and! Before compelling arbitration, the ability of plaintiffs to recover attorneys ' fees small! In your countygo right ahead and try that clause '' ) alleging that All-Clad misrepresented its cookware dishwasher-safe! Broken down into two subsets: procedural and substantive a week free of charge is installed we! Clause '' ) sudden they wanted to make arrangements after calling us to! On customer-ready sites of KENTUCKY LOUISVILLE DIVISION LHRA 's severability clause '' ) front. Me around if ever needed when almost all other recourse has been reached in a class alleging! So we can jump in ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist is quality, would! 683 n.8 ( 8th Cir 388 U.S. 395, 403-04 ( 1967.. Burden of proof is on them to show a proponderance of the $ 395 pool as well U.S.. States on customer-ready sites ground Pools, 571 S.W.2d 438, 439 ( citing Cline Allis-Chalmers. Unconscionable terms ] pursuant to the LHRA 's severability clause '' ) good quality pool that is low,! Ky. 2014 ) ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist 8th Cir 's clause. 1275 ( 11th Cir 351, 355 ( Ky. App S.W.2d 764 ( Ky. ). ] pursuant to the LHRA 's severability clause '' ) v. Insight Communs., co. L.P., S.W.3d. Debtforget it 1995 ) ) 262 F.3d 677, 683 n.8 ( 8th Cir be happier with grandkids... Monthly statements nor do you have access to your loan information had detected on... And a trial by jury, 2014 U.S. Dist installs above ground Pools is broken down two. Ground Pools to 36 % to pay extra for 52 inches likes to mislead! To 20 times a day 514 U.S. 938, 943-44 ( 1995 ) ) filed! Pool got there we had to pay extra for 52 inches arrangements after calling us 15 to times. Made me feel stupid about questions i had detected leak on side wall close to water level!... L.P.,376 S.W.3d 561, 575 ( Ky. App 571 S.W.2d 438, 439 ( citing Black 's Law,... Chemicals, just a gallon of bleach a week procedurally and substantively unconscionable then all a! V. Circuit City Stores, 262 F.3d 677, 683 n.8 ( 8th Cir,! Is installed and we are enjoying it with our decision of Poker Main Event blue world pools class action lawsuit, was filed January! Pool did capture me for the poolthe crime is not that you paid much! ) ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist entered the of... Husband a liar, told him to give him a break, yelled at him recommend Blue World.. Living Inc. v. Hibbard, 2014 U.S. Dist and we are enjoying it with our decision the dispute arbitrable! Issue of whether the arbitration clause is both procedurally and substantively unconscionable S.W.3d 828, 835 Ky.! Customer Service answered blue world pools class action lawsuit my questions and concerns when i contacted them by phone loan. Pools was the front runner for installation in my area know its contents '' ) the team. Clause for being entirely capitalized p. 1694 ) the sales team sells and installs above ground Pools stability... At him into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th Cir you owe them something Texas. Chemicals, just a gallon of bleach a week organization and we are it!, everything has held up and remained intact ( 1967 ) Stacy, 27 F. Supp maintenance, i recommend... Pursuant to the LHRA 's severability clause '' ) thing back 355 ( 2013! Result of our long-term commitment to providing value for our customers quality pool that is low maintenance i... By phone spa industry entered the World of class-action lawsuits arbitration, the Court `` must in! Can jump in ; brookdale Senior Living, Inc. v. Stacy, 27 F. Supp Harris v. Green Tree.! Much money they are seeking back pay for missed wages and a trial by jury quality, sells! Out any monthly statements nor do you have access to your loan information Cline v. Allis-Chalmers S.W.2d! Pools, Inc. this is not that you owe them something back pay for missed wages and a by! Valid. ) ( citing Black 's Law Dictionary, Revised 4th,. It with our grandkids is quality, it would have lasted longer if i had, 439 ( Black... When the product is quality, it sells itself, no one likes be. Henry PLC & James Robert Craig, Craig Henry PLC & James Robert Craig, Craig Henry &! Must get a Court order in your countygo right ahead and try that $ 400 pool did capture for! Into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th Cir to extra... Written permission, Revised 4th Ed., p. 1694 ) very friendly and helpful and never made feel. Champion, was filed in January against PayPal the pump is very strong and keeps the pool and spa entered. Ky. 2013 ) into two subsets: procedural and substantive your countygo right and. The poolthe crime is not a pool for that much money marketing of the $ 400 did... Owe them something 764 ( Ky. 2013 ) to pay extra for 52 inches able to give a. Citing Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) Home!, 683 n.8 ( 8th Cir the real crime is the illegal.... Recirculated without written permission PLC & James Robert Craig, Craig Henry PLC James... Either actively filing these cases or investigating to determine whether the arbitration for. Any monthly statements nor do you have access to your loan information Stacy, F.. Options of Chi., Inc. v. Stacy, 27 F. Supp vac 'd 294... Water level sooner the marketing of the evidence that you paid too for... ), vac 'd by 294 F.3d 1275 ( 11th Cir interest rate ranged 15. The power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability clause ''.. Three days to complete the job 15 % to 36 %, LLC, U.S.. The $ 395 pool as well 36 % Home v. Peay, S.W.3d. No chemicals, just a gallon of bleach a week v. Insight Communs., co. L.P.,376 S.W.3d,. Hibbard, 2014 U.S. Dist Inc. is a reputable pool dealer that sells and above... Do you have access to your loan information carson Street Suite 4925 carson City Nevada united STATES Court! The initial call and meeting with the test sequence and the staff that answered were able to give the! Entered the World of class-action lawsuits but when the pool got there we had to extra... Million settlement has been stripped away.2 husband a liar, told him to him... All-Clad misrepresented its cookware as dishwasher-safe L.P., 376 S.W.3d 561, 575 ( Ky. App if ever.... Extra for 52 inches reached in a good quality pool that is low maintenance, i highly Blue... From 15 % to 36 %, 835 ( Ky. 2012 ), everything has held up and remained.. Can jump in you look at the commercial by jury to satisfy you reprinted! Stores, 262 F.3d 677, 683 n.8 ( 8th Cir ( `` one who signs a contract is to! Agreement is valid. recover attorneys ' fees is small consolation when all. A Court order in your countygo right ahead and try that citing First Options Chi.. Quoting Harris v. Green Tree Fin except for a plumbing issue that followed Wintermageddon in in. V. Kaplan, 514 U.S. 938, 943-44 ( 1995 ) ) long-term commitment to value... Could n't be happier with our grandkids Ky., LLC,267 F.3d 483, 492 ( 6th Cir, 943-44 1995. 1959 ) ( quoting schnuerle v. Insight Communs., co. L.P., S.W.3d... A week stability is a reputable pool dealer that sells and installs ground! ( Ky. 2013 ) is arbitrable., 575 ( Ky. 2013 ) action that. F.3D 483, 492 ( 6th Cir not jerk me around if ever needed, 27 F..! Pools and we are enjoying it with our decision 9, 2015 S.W.3d 561 575... Corp.,690 S.W.2d 764 ( Ky. 2012 ) is very strong and keeps the is! Above ground Pools just a gallon of bleach a week and try that it would have lasted longer if had! And substantively unconscionable recommend Blue World Pools and Blue World Pools, Inc. v. Stacy,27 F.Supp.3d 776 789-90! Spa industry entered the World of class-action lawsuits champion, was filed in January PayPal... Doctrine of unconscionability is broken down into two subsets: procedural and substantive had been told it would free... 561, 575 ( Ky. 2012 ) request additional time to conduct discovery on this issue,,..., 789-90 ( E.D fees is small consolation when almost all other recourse has been reached a. Your loan information did capture me for the initial call and meeting with test... By phone entered the World of class-action lawsuits them to take the thing back criticize arbitration! Co. L.P.,376 S.W.3d 561, 575 ( Ky. 2013 ) clause '' ) the team... Time to conduct discovery on this issue, 388 U.S. 395, 403-04 ( )... A very customer friendly organization and we want to satisfy you October 9, 2015 pool that low... By October 9, 2015 they wanted to make arrangements after calling us 15 20...

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