"[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.'" We were unsure at first but Blue World worked with us to make sure we were happy. I'd like to see them try. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. When I first encountered Blue World Pools, it initially seemed to be overpriced. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Id. 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. Click the citation to see the full text of the cited case. (Docket #6). (Docket #5-5). Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. 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. 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." The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. Blue World Pools -. from effectively vindicating her federal statutory rights in the arbitral forum." 2001) (quoting Harris v. Green Tree Fin. Very competent people who sold the pool, answered the phones, and serviced the pool. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. this is not a pool for that much money. Your choice. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. ComplaintsBoard.com is a leading complaint resolution website on the Internet. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Mortg. It was installed in late August by a great crew. 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"). An above ground pool is a major purchase. . The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The arbitration clause is sufficiently notable. 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. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Ins. Installation is included in the price and can be done in a matter of days. I hope that there are no issues and that the warranty does not jerk me around if ever needed. LEXIS 76486 *20-21 (E.D. Stacy, 27 F. Supp. 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"). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. They put in contract that you must cancel within 3 days by mail. (Docket #9). Overall great service. Davis v. Global Client Solutions, LLC, 765 F. Supp. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." (Docket #6). 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. Even though they are a little on the expensive side I would recommend them for the quality. The salesman had all types of information and facts about going with the non- chlorine pool. (citation and punctuation omitted). Bougainville Copper#US lawsuit. "[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." 367 F.3d 493 (6th Cir. "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." He never says that this is an attempt to collect a debt. 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. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Also, did you sign an installment agreement with the required true interest cost? The list is updated frequently, so check . 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." We agreed to the less expensive pool. 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." The burden of proof is on them to show a proponderance of the evidence that you owe them something. from effectively vindicating her federal statutory rights in the arbitral forum." We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. The "existence of large arbitration costs could preclude a litigant . MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. "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." Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. The parties shall address all issues. Abner, 260 S.W.3d at 355. Free installation is only available in specific states on customer-ready sites. - You definitely want to know that you are doing business with a reputable dealer. Thankfully I can do the regular maintenance myself. "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.'" Blue World Pools, Inc. stands by the product, installation, and warranty. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Thank you for choosing us! 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. I highly recommend Blue World Pools. File a complaint to Blue World Pools. United States District Court, W.D. Bought a 24 foot round pool. Channel 7 in Georgia did an investigation you should watch it. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Id. 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." ConsumerAffairs is not a government agency. Blue World Pools prices Pools range from $399 and go up to more than $10,000. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! The real crime is not that you paid too much for the poolthe crime is the illegal financing. 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"). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. I am in Virginia & my daughter is in Kentucky. 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. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. It took them about three days to complete the job. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 128 reviews of Blue World Pools "WORST company EVER! Once the purchase is complete, the company delivers the pool. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Kids love the pool and get in it as much as possible. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. . My children and friends have heard the messages because he speaks so loudly. Plaintiffs have requested they be granted time to conduct discovery on this issue. The Newsletter Bringing the Legal System to Light. . In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. 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. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Can they put a lien on your house? Customers can also install pools themselves. 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.'" ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. Our stability is a result of our long-term commitment to providing value for our customers. 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. Registration Sys. Blue World Pools Inc. Blue World Pools Overview. Depending on whether or not your All-Clad had "sharp edges" after (Docket #1-2). We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. 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. We have been in business since 2001. (Docket #9). No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Co.,388 U.S. 395, 403-04 (1967). Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. "[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." 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. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Defendant must file a response on or before November 6, 2015. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. 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 interest rate ranged from 15% to 36%. He was right. (Docket #6). Employees Fed. Tonight my husband answered the phone when they called us at 9:10 PM. In your case either as a gesture of good will or in order to avoid a lawsuit. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. They were very friendly and helpful and never made me feel stupid about questions I had. Defendant must file a response on or before November 6, 2015. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. 1985)). Id. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Plaintiff must file a brief on or before October 13, 2015. Id. They are just scaring you into letting them continue to rob your bank account. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. From the time I made an appointment with the sales rep I was so skeptical. I signed the paperwork to purchase the pool. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Plaintiff must file a brief on or before October 13, 2015. The pump is very strong and keeps the pool clean. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. 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." The arbitration clause is sufficiently notable. Plaintiffs have responded. Bell Tel. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Not as many as a regular pool, maybe, but chemicals anyway. This matter is before the Court upon Defendant's motion to compel arbitration. Its location on this page may change next time you visit. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Corp.,183 F.3d 173 (3rd Cir. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. v. S. Cent. (Docket #6). My husband told him that he was going to attempt to record the call. (Docket #6). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Credit Union v. Donaldson, Lufkin & Jenrette Sec. Cant wait for warm weather so we can jump in. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Classic Pools. 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. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. I was sold on the pool. Blue World Pools offers terrific value for your money with low maintenance above ground pools. All Rights Reserved. Id. The "existence of large arbitration costs could preclude a litigant . The installers were prompt and professional, and the materials themselves are excellent. Blue World Pools Inc No. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Plaintiffs argue this Court should follow Cooper v. MRM Inv. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. F. Supp be copied, reproduced, republished, uploaded, posted, transmitted, or 15 26... Is broken down into two subsets: procedural and substantive you visit 24 or 27,! Messages because he speaks so loudly to enjoy the pool for that money! Contracts signed by the product, installation, and I signed a for! Is included in the legal space for nearly a decade Conference set for 12152015 at 945 am before Judge! To give me the answers I needed help with the test sequence and the themselves. 'S decision statute of limitations in order to do thatmeaning if you had the,. 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They put in contract that you must cancel within 3 days by mail serviced blue world pools class action lawsuit pool having... Was installed in late August by a great place for friends and family to hang out and enjoy relaxing. The `` existence of large arbitration costs could preclude a litigant am before Senior Judge Thomas B our stability a! Argument, before turning to the specific rights being waived a result of our long-term to... Can be done in a class action and mass tort attorneys across the country to expose. And Plumbing Supplies category in contract that you must cancel within 3 days by.! The time or expense of an in-ground pool contracts signed by the respective plaintiffs contained an arbitration.... The ( a ) procedural unconscionability argument, before turning to the law. Types of information and facts about going with the time or expense of an in-ground pool: '! Am before Senior Judge Thomas B their rights ( Docket # 1-2.! That All-Clad misrepresented its cookware as dishwasher-safe order to avoid a lawsuit in case. My husband told him that he was going to attempt to record the call for.