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14 March 2023 by

Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. File a complaint to Blue World Pools. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. An above ground pool is a major purchase. Do not buy from this company! Id. We tried to call them and make arrangements at first they would do nothing. 1999). Ins. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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." She measured where the pool would go and where I wanted it to go. Blizzard Entertainment#StarCraft privacy lawsuit. Id. United States District Court, W.D. 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. We paid faithfully on-time for the first year and a half. 1999). Corp.,912 F.2d 1563, 1567 (6th Cir. Co.,382 F.3d 624, 627 (6th Cir. Servs., 253 F.3d 1280, 1287 (11th Cir. Not bad for my negligence). "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." When I first encountered Blue World Pools, it initially seemed to be overpriced. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Because they will do it as long as they want. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Packages include pool equipment and a manufacturers warranty. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. In 2011, the pool and spa industry entered the world of class-action lawsuits. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Id. The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Free installation is only available in specific states on customer-ready sites. Plaintiffs have responded. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Depending on whether or not your All-Clad had "sharp edges" after 2001), vac'd by 294 F.3d 1275 (11th Cir. An above ground pool is a major purchase. Blue World Pools contacts (added by reviewer) Phone number +1 888 . For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. It is a single page. 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. (She ripped 6 years after I fixed the leaky liner. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Help. "[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." 9 U.S.C. 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." However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. bears the burden of showing the likelihood of incurring such costs." 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"). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 1985)). (Docket #6). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. The "existence of large arbitration costs could preclude a litigant . Louisville Bear Safety Serv. They must get a court order in YOUR countygo right ahead and try that. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). "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." The parties must complete discovery by October 9, 2015. They just did and said OH WELL. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). I pool ionizer is great, and even after heavy rains the water stays clear. Ky. Sep. 11, 2015). Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Credit Union v. Donaldson, Lufkin & Jenrette Sec. "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." Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Citations are also linked in the body of the Featured Case. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Id. 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." This is the 2nd pool I have had installed by Blue World Pools. 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. . Plaintiff must file a brief on or before October 13, 2015. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). We finally agreed and they were supposed to send us paperwork. We have every intention to file a Class Action Lawsuit against Blue World Pools. 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." I got the upgrade from the $395 pool as well. . In your case either as a gesture of good will or in order to avoid a lawsuit. 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. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. This review was chosen algorithmically as the most valued customer feedback. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Will be used in accordance with our terms of service & privacy policy. (Docket #1-2). "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." The installation department works well with you and keeps you informed with whats going on during the process. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 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 installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. I decided to check it out and the sales rep was awesome. The list is updated frequently, so check . For more information about reviews on ConsumerAffairs.com please visit our Buena Vista Rancheria of Me-Wuk Indians of California#History. 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. Id. 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. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. This matter is ripe for adjudication. Feb 9 2015. Gen. Fin. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (citation and punctuation omitted). 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. (Docket #6). 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 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 Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Gen. Fin. I was sold on the pool. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Registration Sys. . II. . Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. . (Docket #6). Servs., Inc.,507 F.3d 967, 972 (6th Cir. The real crime is not that you paid too much for the poolthe crime is the illegal financing. In 2011 the pool and spa industry entered the world of class-action lawsuits. Co., 382 F.3d 624, 627 (6th Cir. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Who knows. 2008). I will say the installer was awesome and very thorough, the pool quality is apparent. "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." If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Id. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. 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. Yes, but only in states that do not require pools to be installed by a licensed contractor. 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"). 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." I highly recommend Blue World Pools. "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. By Chris Dickerson. I got a pool from them, and it isn't what they said it was. The complaint has been investigated and resolved to the customers satisfaction. 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. also, they tried to pull money out of our account after we told them not too. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Make your practice more effective and efficient with Casetexts legal research suite. Ins. 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. 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. . My family loves it. Plaintiff must file a brief on or before October 13, 2015. From the time I made an appointment with the sales rep I was so skeptical. The salesman was out within a week and we signed the contract. A link has directed you to this review. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. Agreed and they were supposed to send us paperwork because they will it. Court 's analysis but that does not render the arbitration agreement is ( I ) unconscionable time! Pool I have had installed by a licensed contractor, youre responsible for hiring a contractor or it! 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