Attorneys. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. "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." My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 3:15-CV-00335-TBR (W.D. Has reached a combined 8 million class action lawsuit. "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.'" Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Any customer who objected was told they could no longer rescind the purchase. FAQ. You can choose to pay in full or select a financing option. I think you people are missing the real crime here. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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.'" Contact your states Attorney General. Seawright v. Am. "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." Stacy, 27 F. Supp. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. (Docket #1-2). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Our stability is a result of our long-term commitment to providing value for our customers. Id. 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. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. The arbitration clause is sufficiently notable. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). C.B.S. Will be used in accordance with our terms of service & privacy policy. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Reluctantly, we signed the paperwork out of fear of losing our house. 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"). We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. I signed the paperwork to purchase the pool. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Brazilian hair straightening#Class action lawsuits. He was not pushy and did not pressure me in any way. Its a great investment for family enjoyment. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. Id. 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 . . Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." LEXIS 76486 *20-21 (E.D. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. Credit Union v. Donaldson, Lufkin & Jenrette Sec. (citation and punctuation omitted). Id. "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." I was amazed how easy it was to get it prepared for this year's swimming season. Plaintiffs have responded. Blue World Pools Inc No. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). He never says that this is an attempt to collect a debt. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). (Docket #1). 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"). (She ripped 6 years after I fixed the leaky liner. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. at 512.3. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Cant wait for warm weather so we can jump in. Please if anyone can help please let me know. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." They tricked us into the whole lien on our home as well. We agreed to the less expensive pool. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Employees Fed. from effectively vindicating her federal statutory rights in the arbitral forum." This review was chosen algorithmically as the most valued customer feedback. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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. 3d at 790. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. "[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.'" Tonight my husband answered the phone when they called us at 9:10 PM. --------. After customers called to inquire about a pool Blue World would. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 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. 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. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. "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.'" Servs., Inc., 507 F.3d 967, 972 (6th Cir. Blue World Pools prices Pools range from $399 and go up to more than $10,000. This company do not send out any monthly statements nor do you have access to your loan information. Id. The salesman was out within a week and we signed the contract. . 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. 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"). "[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." 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." Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Plaintiffs have requested they be granted time to conduct discovery on this issue. Im not paying another dime. File a complaint to Blue World Pools. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 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. "[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." also, they tried to pull money out of our account after we told them not too. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. 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. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. (Docket #5). Thankfully I can do the regular maintenance myself. BLUE WORLD POOLS, INC., Defendant. (Docket #5-5). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." . Thank you, you have successfully subscribed to our newsletter! No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Very competent people who sold the pool, answered the phones, and serviced the pool. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. . This matter is ripe for adjudication. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." here is my phone number if anyone wants to contact me [protected], I am filing a law suit against them as well i had these people in my house from 8pm untill 3 am untill we bought a pool from them they had me and my family arguing at one point when decided i had had enough and was done with them trying to talk us into a bigger pool that they had said was suppose to be a chemical free pool they said that they were the only one who had that type of filter that does not take chemicals and i told them we explained to them that my husband was alergic to lots of different chemicals especially bleach the main reason we all wanted a pool was because of his illnesses it would help him alot well the rep came in with a brochures to show us and explained everything in detail which was a bunch of lies everything they said was nothing but a lie i even have the contract we signed which was only suppose to be for 8000 dollars and now they are saying it is 30, 000 not to mention we did not get the filter they had promissed and the filter is leaning because a bunch of sand under the one layer of flat brick they laid not to mention my pool is even uneven and it is not even 5 foot like they had said not to mention it was put in the wrong spot and they tore my yard up not even where the pool is sitting and the pool was not put in the right place so i called them from day one complaining they said they would send someone out to come and see what i was talking about they never ever did i told them i want the filter i puchased and they still have not replaced it nothing they said they would do did they do so i now have stopped payment on them even told the bank they are not allowed to with draw any money from my account and told them to they did any dam way after putting a lien on my property which they never told me they would do untill after the fact well after they put the lien they then went into my account and with drew un authorized fund from the account so not im in the processes of finding an attorney and i defenitlyu am going to sue their ### i too had told them i wanted to cancel and they to told me i could not cancel the pool i think that we should all ban together and go in as witnesses for one another to sue these people come on now non of us dont know one another we all cant be lieing and had the same dam story as the next person lets stop these jack ###. 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. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). v. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Morrison, 317 F.3d at 663. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Be the first one to find this review helpful.
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