blue world pools class action lawsuit

Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. So, we're kind of orphaned right now. "[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." 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." Elec. Be the first one to find this review helpful. 128 reviews of Blue World Pools "WORST company EVER! 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. "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 pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. "[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." II. Financing options are available on Midline and Classic pool models. 3:15-CV-00335-TBR (W.D. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. "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.'" If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Thank you, you have successfully subscribed to our newsletter! Louisville Bear Safety Serv. 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." From the time I made an appointment with the sales rep I was so skeptical. The parties must complete discovery by October 9, 2015. . A link has directed you to this review. 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. Thank you for choosing us! Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. We had to close the account. I want to sue these people and do not know how. Free installation is limited to certain states. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. ." 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." 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." The company offers free site inspections and consultations. (citation and punctuation omitted). Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). The list is updated frequently, so check . Servs., Inc.,507 F.3d 967, 972 (6th Cir. 2003). Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. I am in Virginia & my daughter is in Kentucky. My family loves it. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. 367 F.3d 493 (6th Cir. 2001), vac'd by 294 F.3d 1275 (11th Cir. Defendant must file a response on or before November 6, 2015. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. The company delivers and installs above ground pools. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. 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"). Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. We are pleased that your family is enjoying your pool purchase! Plaintiffs v. BLUE WORLD POOLS, INC. LEXIS 47909 *13 (W.D. They call our cell phones, house phones and my work phones. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. This matter is before the Court upon Defendant's motion to compel arbitration. "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. Its a great investment for family enjoyment. Overall great service. The arbitration clause is sufficiently notable. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. I decided to check it out and the sales rep was awesome. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). The complaint has been investigated and resolved to the customers satisfaction. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). The parties must complete discovery by October 9, 2015. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. (Docket #1-2). Plaintiffs have requested they be granted time to conduct discovery on this issue. . THOMAS B. RUSSELL, Senior District Judge. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. This will surely increase the credibility of your complaint. C.B.S. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. In your case either as a gesture of good will or in order to avoid a lawsuit. ANALYSIS 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. It may very well be the first anti-trust class action in the industry. v. Abner, 260 S.W.3d 351, 355 (Ky. App. Servs., 253 F.3d 1280, 1287 (11th Cir. Defendant, Thomas B. Russell, Senior Judge United States District Court. (Docket #6). I got a pool from them, and it isn't what they said it was. Midline and Classic models cost more than $10,000 and vary in price depending on size. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. I am very blessed now to have a BWP and it has been a great investment. 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. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Plaintiff must file a brief on or before October 13, 2015. I wouldn't purchase another from any other company. 9 U.S.C. (Docket #6). Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. I was very skeptical about investing in a Blue World Pool. Id. 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. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. bears the burden of showing the likelihood of incurring such costs." (Docket #6). Green Tree Fin. 1990). Carson Street Suite 4925 Carson City Nevada United States of America. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." They are just scaring you into letting them continue to rob your bank account. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . 1990). 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 Court will address this issue after further discovery. It took them about three days to complete the job. Id. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Gen. Fin. First one lasted 14 years with same original pump and sand filter! "[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." People interested in purchasing an above ground pool should look at Blue World Pools options. Plaintiffs have responded. 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. (Docket #6). Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. This matter is ripe for adjudication. I signed the paperwork to purchase the pool. "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." 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. "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." He was not pushy and did not pressure me in any way. Blue World Pools Inc No. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). We have been in business since 2001. 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. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. These guys are awful people. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). (Docket #5). We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. My wife and I reject their offer. I have been very satisfied with it and enjoying it ever since. My experience with BWP was great from the initial purchase up to the final installation. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Click the citation to see the full text of the cited case. Bell Tel. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! 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. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." 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. Masco Corp. v. Zurich Am. (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." This matter is ripe for adjudication. 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. 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 #5-3). Additional Time to Conduct Discovery. (Docket #6). 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. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 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. Ky. Sep. 11, 2015). 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. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Check your credit report, is there an installment loan listedNO. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "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. 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." CIVIL ACTION NO. I just want them to take the thing back. Abner, 260 S.W.3d at 355. ConsumerAffairs is not a government agency. Holifield v. Beverly Health & Rehab. Your choice. The first time they hung up on us. We too were scammed. (Docket #9). Bougainville Copper#US lawsuit. Corp.,183 F.3d 173 (3rd Cir. No chemicals, just a gallon of bleach a week. Discovery due by 10/9/2015. 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. It was installed within a few months and weve been happy ever since. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Ins. Corp.,912 F.2d 1563, 1567 (6th Cir. Co., 382 F.3d 624, 627 (6th Cir. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." We paid faithfully on-time for the first year and a half. Green Tree Fin. After customers called to inquire about a pool Blue World would. Id. But when the pool got there we had to pay extra for 52 inches. (Docket #6). I got the upgrade from the $395 pool as well. 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 argue the arbitration clause is both procedurally and substantively unconscionable. The installation was perfect. Protected by Google ReCAPTCHA. Im not paying another dime. The Court shall place the call to counsel. Id. I was sold on the pool. Bought a 24 foot round pool. We tried to call them and make arrangements at first they would do nothing. at 491. Conseco Fin. Plaintiffs argue this Court should follow Cooper v. MRM Inv. We have had many hours of enjoyment from this beautiful pool. Mortg. 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"). - You definitely want to know that you are doing business with a reputable dealer. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. v. S. Cent. 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. The Court will address this issue after further discovery. Packages include pool equipment and a manufacturers warranty. 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. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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. Feb 9 2015. Contact your states Attorney General. at 491. "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.'" 2004). this is not a pool for that much money. v. S. Cent. at 512.3. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. I hope that there are no issues and that the warranty does not jerk me around if ever needed. 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. Once the purchase is complete, the company delivers the pool. Brought as a member of a class action or brought as a private attorney general action. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. C.B.S. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. It does not deliver what was promised.

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