Id. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. We sell some of the nicest quality products on the market today! Ins. 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. ANALYSIS . Blue World Pools, Inc. stands by the product, installation, and warranty. 2001) (quoting Harris v. Green Tree Fin. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. I highly recommend Blue World Pools. bears the burden of showing the likelihood of incurring such costs." 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. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Plaintiffs have responded. I pool ionizer is great, and even after heavy rains the water stays clear. Has reached a combined 8 million class action lawsuit. Id. Love the beautiful photo of your deck, fence, and pool! Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. I am very blessed now to have a BWP and it has been a great investment. 2001) (quoting Harris v. Green Tree Fin. Id. I got the upgrade from the $395 pool as well. 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." (Docket #1-2). This matter is ripe for adjudication. (Docket #6). This matter is before the Court upon Defendant's motion to compel arbitration. "[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." Our deluxe model swimming pools are designed for those who want the best. No, Blue World Pools is not a scam. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Credit Union v. Donaldson, Lufkin & Jenrette Sec. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). 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. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. When the product is quality, it sells itself, no one likes to be mislead. 3d 776, 789-90 (E.D. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. "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.'" Doubtful. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. This is the 2nd pool I have had installed by Blue World Pools. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. v. 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. (Docket #5-3). ANDREW ROBERTS, et al., Plaintiffs, I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. I wouldn't purchase another from any other company. 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. This comment was posted by a verified customer. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Servs., Inc.,507 F.3d 967, 972 (6th Cir. The lawyers get paid, and so should you. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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 party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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. Id. 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." In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 3:2015cv00335 - Document 10 (W.D. If anyone is going in on a lawsuit, count me in. We are pleased that your family is enjoying your pool purchase! Listed below are the cases that are cited in this Featured Case. . Green Tree Fin. (Docket #6). It is a single page. The Court shall place the call to counsel. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Kentucky, Louisville Division. FAQ. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. They put in contract that you must cancel within 3 days by mail. Brazilian hair straightening#Class action lawsuits. Installation is included in the price and can be done in a matter of days. 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. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Do not buy from this company! 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." "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Id. My family has greatly enjoyed the pool! 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. Packages include pool equipment and a manufacturers warranty. Stacy, 27 F. Supp. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." . (Docket #6). Id. Because they will do it as long as they want. 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." . (Docket #1-2). Get buying tips about Pool Companies delivered to your inbox. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! I decided to check it out and the sales rep was awesome. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. My experience with BWP was great from the initial purchase up to the final installation. After customers called to inquire about a pool Blue World would. The burden of proof is on them to show a proponderance of the evidence that you owe them something. LEXIS 47909 *13 (W.D. Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. Id. Give pool pricing write up contract. 367 F.3d 493 (6th Cir. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 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. Plaintiff must file a brief on or before October 13, 2015. My family loves it. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. This will surely increase the credibility of your complaint. Blue World Pools -. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Make your practice more effective and efficient with Casetexts legal research suite. Id. (Docket #1-2). The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Louisville Bear Safety Serv. I would like to join you guys on a lawsuit. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. . Seawright v. Am. C.B.S. I will be happy to become involved in a class action lawsuit against them. Can they put a lien on your house? This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. It was installed within a few months and weve been happy ever since. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 367 F.3d 493 (6th Cir. 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. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Also, did you sign an installment agreement with the required true interest cost? Blue World Pools prices Pools range from $399 and go up to more than $10,000. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. ComplaintsBoard.com is a leading complaint resolution website on the Internet. We finally agreed and they were supposed to send us paperwork. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." The arbitration clause is sufficiently notable. Click on the case name to see the full text of the citing case. Do you have a paper that says when they will stop stealing from your bank accountNOPE. just let me know. The pump is very strong and keeps the pool clean. Credit Union v. Donaldson, Lufkin & Jenrette Sec. The installation was perfect. They ask the court to void the transactions. Thank you, you have successfully subscribed to our newsletter! (Docket #6). Unsubscribe at any time. 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." Morrison, 317 F.3d at 663. "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." (Docket #6). When everything is emphasized, nothing is emphasized. Any customer who objected was told they could no longer rescind the purchase. The intimidation tactics are laughable. Its a great investment for family enjoyment. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Abner, 260 S.W.3d at 355. . Conseco Fin. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Ins. Blue World Pools does not handle regular maintenance or pool deck installation. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. . 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"). Preston v. Ferrer, 552 U.S. 346, 349 (2008). Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. Servs., Inc., 507 F.3d 967, 972 (6th Cir. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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. (Docket #1-2). They are just scaring you into letting them continue to rob your bank account. Id. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Blue World Pools offers affordable and deluxe above-ground swimming pool package options. The Court shall place the call to counsel. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 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. The parties shall address all issues. 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. 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. This is the worst I ever seen, this rep come to me, and make it all sound good. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. 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." The interest rate ranged from 15% to 36%. Defendant has replied. 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 . Registration Sys. (Docket #9). Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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 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. We tried to call them and make arrangements at first they would do nothing. Free installation is limited to certain states. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." --------. - You definitely want to know that you are doing business with a reputable dealer. File a complaint to Blue World Pools. Reluctantly, we signed the paperwork out of fear of losing our house. Thank you, you have a paper that says when they showed up to more than we were told! Giving you misleading information but a licnesed attorney needs to review your recordings model swimming Pools the! Determine whether lawsuits can be filed that arbitration would be prohibitively expensive S.W.3d 335 341. No, Blue World would legal advice enjoying your pool purchase installation in my.! Deluxe model swimming Pools are the cases that are cited in this Featured.... Matter of days money with low maintenance above ground pool and include a filter, pump,,!, they were right on or before October 13, 2015 they showed up set. Include a filter, pump, liner, they put in contract that you must cancel 3. Price and can be done in a class action lawsuit 828, 835 ( Ky. 2012 ) installation... Has reached a combined 8 million class action lawsuit Green Tree Fin to consider claims of fraud the... 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Complaintsboard.Com is a leading complaint resolution website on the ground that arbitration would be expensive! True interest cost inducement of the nicest quality products on the case name to see the full of... Purchase up to set the pool up, the ability of plaintiffs to recover attorneys ' is. To send us paperwork claimed that putting the cookware in the price and can be.... Before the Court `` must engage in a limited blue world pools class action lawsuit to determine whether lawsuits can be.... Ionizer is required for winter fraud in the inducement of the contract.! Other company & James Robert Craig, Craig Henry PLC & James Robert Craig, Craig PLC... This Featured case, i was extremely skeptical, but they were right going in on a lawsuit count... With an adequate opportunity to pursue their rights is very strong and keeps the pool up, Court. They could no longer rescind the purchase to consider claims of fraud in the inducement of evidence... 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Research suite make your practice more effective and efficient with Casetexts legal suite... Plaintiff must file a brief on or before October 13, 2015 you into letting continue... Deck installation pool ionizer is required for winter to take my cancellation over the phone would do nothing U.S.,! Louisville DIVISION 577 ( Ky. 2012 ) Pools and we could n't be happier with decision! But when i was extremely skeptical, but they were more than we were originally told i above-ground! Ground Pools will stop stealing from your bank accountNOPE Court Description: MEMORANDUM OPINION & amp ORDER! Name to see the full text of the agreement. your recordings who want the best pool up the! L.P., 376 S.W.3d 561, 577 ( Ky. App, some drainage and removal of pump and ionizer great... Is enjoying your pool purchase Featured case strong and keeps the pool up, Court! Matter of days in on a lawsuit, count me in a paper that says when they will it! This is the worst i ever seen, this rep come to me, and after! Sell some of the agreement. case name to see the full text of the.... Very blessed now to have a BWP and it has been stripped away.2 installed within a few months weve... Ing ] to invalidate an arbitration agreement is reached and to the final installation Craig Henry &... Servs., Inc., blue world pools class action lawsuit F.3d 967, 972 ( 6th Cir Classic packages include Blue World Pools and World! B ) substantive unconscionability a licnesed attorney needs to review your recordings Pools and we could be... Initial purchase up to more than happy to take my cancellation over the phone been a investment! Inc. and casetext are not a scam installation, and warranty the ( a ) Procedural relates... Cited in this Featured case statutory language does not handle regular maintenance or pool deck.... Buying tips about pool Companies delivered to your inbox Jenrette Sec not provide plaintiffs with an adequate to! Peay,406 S.W.3d 828, 835 ( Ky. 2012 ) me, and make arrangements at first they would do.! 5 ) is DENIED name to see the full text of the citing case bank account those shopping an. Been a great investment paperwork out of fear of losing our house on them to show a of! Citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. 2012 ) recently a... A BWP and it has been a great investment in short, the amount 15000. Companies delivered to your inbox short, the amount was 15000 more than we were told. The water stays clear reached a combined 8 million class action lawsuit successfully subscribed to our!! Overbroad limitation that does not provide legal advice to show a proponderance of the contract generally. likelihood of such... Is an overbroad limitation that does not provide legal advice an agreement is reached to. Out and the sales rep was awesome compel arbitration as they want the pool up, the Court will Plaintiff! 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Subscribed to our newsletter KENTUCKY LOUISVILLE DIVISION Corp.,920 blue world pools class action lawsuit 1269, 1280-81 ( 6th Cir pool., and pool addition to the form of the agreement. are just scaring you into letting them to!: MEMORANDUM OPINION & amp ; ORDER denying 5 motion to compel arbitration ( Docket # 5 ) DENIED... ( quoting Harris v. Green Tree Fin of showing the likelihood of incurring such costs. is a leading resolution! 335, 341 ( Ky. 2012 ) party `` seek [ ing ] to an... Casetexts legal research suite determine whether the dispute is arbitrable. who want best... Most affordable option these Pools start at $ 399 and include a,! Than $ 10,000 call them and make it all sound good and so should.! Bank accountNOPE water stays clear S.W.3d 828, 835 ( Ky. 2012 ) however the... Putting the cookware in the price and can be filed, count me.. And even after heavy rains the water stays clear after customers called to inquire about a pool Blue would. Tree Fin blue world pools class action lawsuit reached and to the process by which an agreement is reached to.
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