All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. 1999). Blue World Pools Inc No. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. "When reviewing for substantive unconscionability, consideration is given to 'the commercial reasonableness of the contract terms, the purpose and effect of the terms, the allocation of the risks between the parties, and similar public policy concerns.'" The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Who knows. the steps are damage and the pool become an pain to handle. Bougainville Copper#US lawsuit. Classic 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." 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. This is a very high quality pool; much more so than I thought it would be. By now, you are probably aware of the data breach and whether your records were affected. Ky. 2014). Very competent people who sold the pool, answered the phones, and serviced the pool. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). I told them I didn't want it, but they said it was too late, that the paperwork had been processed, and it had been added into my financed amount. Yes, but only in states that do not require pools to be installed by a licensed contractor. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 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.'" Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. British American Tobacco#Canadian class action lawsuit \. (Docket #1-2). 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. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). No, Blue World Pools is not a scam. So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. Defendant, Thomas B. Russell, Senior Judge United States District Court. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 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." "[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." I think you people are missing the real crime here. Employees Fed. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. "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." 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 . You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. Stacy, 27 F. Supp. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Love the beautiful photo of your deck, fence, and pool! Stacy, 27 F. Supp. 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." 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. 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. The interest rate ranged from 15% to 36%. Enjoy reading our tips and recommendations. I hope that there are no issues and that the warranty does not jerk me around if ever needed. 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." The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . (Docket #1-2). We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. 1985)). 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"). (Docket #6). Servs., 2008 U.S. Dist. Very low maintenance, as promised. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). . 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. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Defendant must file a response on or before November 6, 2015. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Nope. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 2001). Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . 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! Installation is included in the price and can be done in a matter of days. Plaintiffs have requested they be granted time to conduct discovery on this issue. The first time they hung up on us. The installers were prompt and professional, and the materials themselves are excellent. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. This program is a way businesses can turn negatives into a positive. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. This is ClassAction.org's current list of open lawsuits and investigations. 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 . 3:2015cv00335 - Document 10 (W.D. "[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.'" File a complaint to Blue World Pools. Thank you for choosing us! 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." Get buying tips about Pool Companies delivered to your inbox. First one lasted 14 years with same original pump and sand filter! Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 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"). 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." EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). The doctrine of unconscionability is broken down into two subsets: procedural and substantive. . Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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. Id. this is not a pool for that much money. 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." "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." Im extremely pleased with the ending results. (Docket #1-2). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 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. C.B.S. They were very friendly and helpful and never made me feel stupid about questions I had. My wife and I reject their offer. Id. 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. 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. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. I wouldn't purchase another from any other company. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. (Docket #1-2). The company offers free site inspections and consultations. When the product is quality, it sells itself, no one likes to be mislead. If you need a pool I highly suggest Blue World Pools. Blue World Pools Inc No. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. Id. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. "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. Any customer who objected was told they could no longer rescind the purchase. . The parties shall address all issues. We too were scammed. bears the burden of showing the likelihood of incurring such costs." In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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"). That is illegal. 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. The pool has been great. Please if anyone can help please let me know. The Court shall place the call to counsel. The man told him that he didnt give a dam and that he would never stop or leave us alone. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." . Louisville Bear Safety Serv. (Docket #1-2). Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Share your photos and videos with others to prove the truth of your words. Thankfully I can do the regular maintenance myself. Custom decking shown. We finally agreed and they were supposed to send us paperwork. . "[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 have had many hours of enjoyment from this beautiful pool. I will say the installer was awesome and very thorough, the pool quality is apparent. Do not require Pools to be mislead Pools to be mislead n't purchase another from other... 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