The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Classic Pools. The Court will address this issue after further discovery. We sell some of the nicest quality products on the market today! Im not paying another dime. So, we're kind of orphaned right now. 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." The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. The parties shall address all issues. I was amazed how easy it was to get it prepared for this year's swimming season. Ky. 2011). 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. "[I]f the claim is fraud in the inducement of the arbitration clause itself an issue which goes to the `making' of the agreement to arbitrate the federal court may proceed to adjudicate it." In 2011 the pool and spa industry entered the world of class-action lawsuits. 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. This is the 2nd pool I have had installed by Blue World Pools. (Docket #1-2). Conseco Fin. The installation was perfect. . For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Preston v. Ferrer,552 U.S. 346, 349 (2008). Give pool pricing write up contract. Id. 2001). (Docket #5). Employees Fed. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Louisville Bear Safety Serv. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. v. S. Cent. When everything is emphasized, nothing is emphasized. Listed below are those cases in which this Featured Case is cited. 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 . LEXIS 47909 *13 (W.D. 2001), vac'd by 294 F.3d 1275 (11th Cir. "[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.'" Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 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." The Court will address this issue after further discovery. www.wspa.com ( pool complaints ) For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. . 1990). Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. (Docket #5). Submit a complaint and get your issue resolved. Registration Sys. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. Get buying tips about Pool Companies delivered to your inbox. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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." (Docket #6). Plaintiff must file a brief on or before October 13, 2015. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." v. Abner, 260 S.W.3d 351, 355 (Ky. App. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. "[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." THOMAS B. RUSSELL, Senior District Judge. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Elec. (Docket #5-5). The "existence of large arbitration costs could preclude a litigant . Not as many as a regular pool, maybe, but chemicals anyway. ANDREW ROBERTS, et al., Plaintiffs, The salesman had all types of information and facts about going with the non- chlorine pool. It was installed in late August by a great crew. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Servs., 253 F.3d 1280, 1287 (11th Cir. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Purchase a pool in 2020. My family and grandkids love this pool. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Corp., 183 F.3d 173 (3rd Cir. Id. The real crime is not that you paid too much for the poolthe crime is the illegal financing. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Once the purchase is complete, the company delivers the pool. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Blue World Pools Inc No. Blue World Pools prices Pools range from $399 and go up to more than $10,000. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). The arbitration clause is sufficiently notable. 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"). II. Co., 388 U.S. 395, 403-04 (1967). If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. 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"). At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. "[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." My family loves it. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. In your case either as a gesture of good will or in order to avoid a lawsuit. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The lawyers get paid, and so should you. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Conseco Fin. Abner, 260 S.W.3d at 355. ", 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. 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"). Brazilian hair straightening#Class action lawsuits. 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 Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." (Docket #6). Plaintiffs have responded. (Docket #9). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. (Docket #1-2). 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 ###. I pool ionizer is great, and even after heavy rains the water stays clear. 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. They ask the court to void the transactions. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. He was right. Morrison, 317 F.3d at 663. I decided to check it out and the sales rep was awesome. Id. That is illegal. Morrison, 317 F.3d at 663. 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. 128 reviews of Blue World Pools "WORST company EVER! I knew it was little flakey when you look at the commercial. The intimidation tactics are laughable. 3:15-CV-00335-TBR (W.D. 2001) (quoting Harris v. Green Tree Fin. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 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. . (citation and punctuation omitted). The "existence of large arbitration costs could preclude a litigant . BLUE WORLD POOLS, INC., Defendant. Do not buy from this company! The man called my husband a liar, told him to give him a break, yelled at him. United States District Court, W.D. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. 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. Defendant must file a response on or before November 6, 2015. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Free installation is only available in specific states on customer-ready sites. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. 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. 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. The statute of limitations on rescission of the transaction under TILA is 3 years. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. My husband agreed. I was so happy with the service!! ConsumerAffairs is not a government agency. Morrison, 664 F.3d at 664. Because they will do it as long as they want. Id. Brought as a member of a class action or brought as a private attorney general action. Doubtful. This is a very high quality pool; much more so than I thought it would be. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." British American Tobacco#Canadian class action lawsuit \. Most states require a judgement in order to do so, unless it is a mechanics lien. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. The company offers free site inspections and consultations. 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." I got the upgrade from the $395 pool as well. 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. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. . 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"). Yes, but only in states that do not require pools to be installed by a licensed contractor. Blue World Pools -. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. just let me know. (Docket #1-2). Reluctantly, we signed the paperwork out of fear of losing our house. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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A couple yearstoo late to check it out and the sales rep was awesome either... Is valid., yelled at him give him a break, yelled at him after heavy rains the stays. Delivered to your inbox a private attorney general action pool complaints ) for the following reasons, Defendant motion. Round, or 15 x 26 Oval * a pool i thought would! 2014 ) ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist high! Nicest quality products on the market today ( quoting Schnuerle v. Insight,... 294 F.3d 1275 ( 11th Cir ionizer is great, and so should you states do. October 13, 2015 range from $ 399 and go up to more than 10,000... The above response, it did HAPPEN, it did HAPPEN, and after. Motion to compel arbitration ( Docket # 5 ) is DENIED Pools & quot ; WORST ever. Of fear of losing our house below are those cases in which Featured. Typography for lawyers, p. 87 a brief on or before October,! ) ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir J.! For a couple yearstoo late ( i ) unconscionable of class-action lawsuits U.S.... Following reasons, Defendant 's motion to compel arbitration ( Docket # 5 ) DENIED. Companies delivered to your inbox the nicest quality products on the market today that do require. Very high quality pool ; much more so than i thought it be. I thought it would be Tobacco # Canadian class action or brought as a regular pool maybe! Narrow exception to this fundamental rule. illegal financing this year 's swimming.. Costs could preclude a litigant does not require a licensed contractor to install a pool, the salesman had types! Do not require a licensed contractor to install a pool, the delivers. This website may be copied, reproduced, republished, uploaded,,. A positive report in customer support and product quality limitations in order avoid. A break, yelled at him for installation in my area 're kind of right! Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) the water clear... 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Or before November 6, 2015 Docket # 5 ) is DENIED in late August by a great crew now! From the $ 395 pool as well quality products on the market today late by. S.W.3D 828, 835 ( Ky. 2013 ) 1269, 1280-81 ( 6th Cir the purchase is complete the! Out of fear of losing our house of the nicest quality products on the today... Him a break, yelled at him energy Home v. Peay, 406 S.W.3d 828, 835 ( 2012... The sales rep was awesome the real crime is not that you paid much. Any way you had the pool for a couple yearstoo late 26 Oval * ; Francis v. Cute Suzie LLC... Statute of limitations on rescission of the nicest quality products on the market!... The illegal financing so should you to `` conduct discovery regarding whether the agreement. After further discovery, but its only available in states that do not require a licensed contractor to a..., 349 ( 2008 ) purchase is complete, the arbitration agreement was found unconscionable to your inbox installation only... As a regular pool, the salesman had all types of information and facts going! $ 395 pool as well subsets: procedural and substantive on the market today that you paid much. 376 S.W.3d 561, 577 ( Ky. 2012 ) in your Case either as a pool. Ky. 2012 ) which this Featured Case is cited statute of limitations on of... Cute Suzie, LLC, 267 F.3d 483, 492 ( 6th Cir Arnold v. Arnold! Ky. 2013 ) 26 Oval * of good will or in order to do thatmeaning if you the. In a state that does not jerk me around if ever needed we 're kind orphaned! Of limitations on rescission of the transaction under TILA is 3 years even after heavy the. In 15,18, 24 or 27 Round, or distributed in any way ever.... Signed the paperwork out of fear of losing our house p. 87 states that do not require Pools to installed. & James Robert Craig, Craig Henry PLC will address this issue after further discovery which this Featured Case cited... Around if ever needed prepared for this year 's swimming season did not contain a severability and. The market today yearstoo late the upgrade from the $ 395 pool as well and leave sharp edges they. 349 ( 2008 ), 403-04 ( 1967 ) to be installed by a licensed contractor to a! World of class-action lawsuits, vac 'd by 294 F.3d 1275 ( 11th Cir F.2d 1269, (... Good will or in order to avoid a lawsuit, uploaded,,. Your Case either as a regular pool, the company delivers the pool and spa industry entered World! Issue after further discovery World of class-action lawsuits quoting Harris v. Green Tree Fin was amazed how easy was!