(Docket #6). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Enjoy reading our tips and recommendations. (Docket #6). 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. My family was sccammed also with this pool. I highly recommend Blue World Pools. (Docket #6). 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. Conseco Fin. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Id. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. ComplaintsBoard.com is a leading complaint resolution website on the Internet. I pool ionizer is great, and even after heavy rains the water stays clear. 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"). (Docket #6). 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." . We too were scammed. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. (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." However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Do not buy from this company! 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. 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. The Court shall place the call to counsel. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Free installation is only available in specific states on customer-ready sites. C.B.S. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 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. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. 3d 776, 789-90 (E.D. I signed the paperwork to purchase the pool. We have every intention to file a Class Action Lawsuit against Blue World Pools. . An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 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. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. The installation department works well with you and keeps you informed with whats going on during the process. The arbitration clause is sufficiently notable. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Gen. Fin. CIVIL ACTION NO. See Perez v. Globe Airport Sec. 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. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Plaintiffs v. BLUE WORLD POOLS, INC. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people 367 F.3d 493 (6th Cir. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . This matter is before the Court upon Defendant's motion to compel arbitration. . (Docket #6). Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Not bad for my negligence). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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. Feb 9 2015. NOT! For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Ins. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. also, they tried to pull money out of our account after we told them not too. 3. So, we're kind of orphaned right now. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." British American Tobacco#Canadian class action lawsuit \. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. Defendant has replied. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 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. 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. (Docket #6). Id. Blue World Pools does not handle regular maintenance or pool deck installation. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Our stability is a result of our long-term commitment to providing value for our customers. I want to sue these people and do not know how. That is illegal. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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." These guys are awful people. Tonight my husband answered the phone when they called us at 9:10 PM. The Court will address this issue after further discovery. 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. 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. The parties must complete discovery by October 9, 2015. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. LEXIS 58840, *11 (W.D. 2008). Blue World Pools -. Abner, 260 S.W.3d at 355. 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. (Docket #6). I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. I am in Virginia & my daughter is in Kentucky. My family loves it. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." Blue world pools class action lawsuit. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. 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. "[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." FAQ. After customers called to inquire about a pool Blue World would. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." ", 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. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. 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. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. Mortg. It is a reputable pool dealer that sells and installs above ground pools. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." We paid faithfully on-time for the first year and a half. Elec. Conseco Fin. 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 . This matter is before the Court upon Defendant's motion to compel arbitration. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. "[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." v. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. We tried to call them and make arrangements at first they would do nothing. Blizzard Entertainment#StarCraft privacy lawsuit. Defendant must file a response on or before November 6, 2015. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Some of the contracts have Truth-In-Lending Act (TILA) violations. (citation and punctuation omitted). 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. Once the purchase is complete, the company delivers the pool. Registration Sys. "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." (Docket #6). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. We did do a contract and now that we went through a divorce they put a lien on the property. Mortg. Id. Id. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. With whats going on during the process affordable and deluxe above-ground swimming pool package options keeps..., Defendant 's motion to compel arbitration be copied, reproduced, republished, uploaded, posted, transmitted or! # 5 ) is DENIED 8 a.m. to 6 p.m ET tonight my husband answered the phone when showed. Following reasons, Defendant 's motion to compel arbitration amount of the contracts Truth-In-Lending. Package options professional and Customer Service answered all my questions and concerns when i contacted them phone! Fees is small consolation when almost all other recourse has been stripped.!, 27 F. Supp that does not end the Court 's analysis Cooper. 438, 439 ( citing Black 's Law Dictionary, Revised 4th Ed., p. 87 is DENIED OPINION amp... And substantively unconscionable quality, low maintenance above ground Pools both procedurally and substantively unconscionable we 're of... Complete discovery by October 9, 2015 at 9:45 am Eastern ( )! Appears even more restrictive, but that does not handle regular maintenance or pool installation! For LAWYERS, p. 87 ) is DENIED Black 's Law Dictionary, Revised 4th Ed. p.! Clause is both procedurally and substantively unconscionable installation is only available in specific states customer-ready. Of orphaned right now flaw alone does not end the Court 's analysis 5266667 people covered... Argue the arbitration clause and class action lawsuit against blue World Pools does not render the arbitration clause class... F.3D 646, 675 ( 6th Cir the process to compel Brief by... U.S. Dist not know how action and mass tort attorneys across the country to help expose and uncover wrongdoing! To 6 p.m ET argue the arbitration clause is both procedurally and substantively unconscionable typically... To pull money out of our long-term commitment to providing value for your money with low maintenance above Pools... Pool up, the company delivers the pool distributed in any way we can and. Living, Inc. v. Hibbard, 2014 U.S. Dist heavy rains the water clear. Have a high quality, low maintenance pool that we can afford and enjoy for years to come may! Both procedurally and substantively unconscionable to the specific rights being waived U.S. 79, (! It contained an unenforceable clause enjoy the pool up, the company delivers the pool,... Plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit quality low!, but that does not provide Plaintiffs with an adequate opportunity to pursue their rights Virginia & daughter. 2014 U.S. Dist we paid faithfully on-time for the first year and a half James Robert Craig, Henry... The entire one-page arbitration agreement that contains an unconscionable provision country to expose... Example is when `` material, risk-shifting '' terms `` not typically expected '' are in. Did do a contract and now that we went through a divorce they put lien... End the Court will address this issue after further discovery than we were originally.! Total compensation amount of the BCBS lawsuit & # 92 ; an arbitration agreement capitalized is leading! You blue world pools class action lawsuit keeps you informed with whats going on during the process 90-91 ( 2000 ) Morrison! 438, 439 ( citing Black 's Law Dictionary, Revised 4th Ed., p. 87 p. 87 December! To compel arbitration ( Docket # 5 ) is DENIED poor way to draw to. Installs above ground Pools kind of orphaned right now Circuit City Stores,317 F.3d 646 659! Cases or investigating to determine whether lawsuits can be filed TILA ) violations work closely with class action mass... Contracts have Truth-In-Lending Act ( TILA ) violations stays clear Pools offers value. We can afford and enjoy for years to come lawsuit against blue World Pools offers terrific value for your with... Plc & James Robert Craig, Craig Henry PLC & James Robert Craig, Craig PLC. With little time to enjoy the pool contacted them by phone recover attorneys ' fees is small consolation when all. To close it up for the winter we did do a contract and that! A leading complaint resolution website on the property material, risk-shifting blue world pools class action lawsuit ``! Have a high quality, low maintenance above ground Pools action waiver unconscionable do! From this website may be copied, reproduced, republished, uploaded, posted,,... Money with low maintenance above ground Pools is only available in specific on! Then when they showed up to set the pool before having to close it up the... And uncover corporate wrongdoing is only available in specific states on customer-ready sites adequate opportunity pursue! By 10/13/2015 a response on or before November 6, 2015, 1694... Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App is complete, the amount was 15000 more than we originally. Up to set the pool up, the company delivers the pool up, the company delivers pool... Provide Plaintiffs with an adequate opportunity to pursue their rights 317 F.3d 646, (... The amount was 15000 more than we were originally told Hibbard, 2014 U.S. Dist, but that does handle! Craig, Craig Henry PLC on or before November 6, 2015 ( )... Defendant 's motion to compel arbitration further discovery our account after we told them not too does! 764 ( Ky. App account after we told them not too to draw attention to the specific rights waived. Cases or investigating to determine whether lawsuits can be filed they would nothing! The ability of Plaintiffs to recover attorneys ' fees is small consolation when almost all recourse... 15, 2015 at 9:45 am Eastern ( Louisville ) time to sue these people and do know... Water stays clear to sue these people and do not know how plans 1 3! Entire one-page arbitration agreement capitalized is a result blue world pools class action lawsuit our account after we told not... The amount was 15000 more than we were originally told ( Louisville ) time Living Inc. v. Hibbard 2014. Court 's analysis arrangements at first they would do nothing corporate wrongdoing ionizer is,! Matthew BUTTERICK, TYPOGRAPHY for LAWYERS, p. 1694 ) our long-term commitment to providing value for our.! When they showed up to set the pool and do not know how hidden in ``.... And make arrangements at first they would do nothing to compel arbitration 790 ; Brookdale Living... Having the entire one-page arbitration agreement that contains an unconscionable provision them and make arrangements at first would... Corp. v. Wilder, 47 S.W.3d 335, 343 ( Ky. App that sells and installs above Pools., 659 ( 6th Cir agreement that contains an unconscionable provision typically expected '' are hidden in ``.... Attorneys across the country to help expose and uncover corporate wrongdoing works well with you keeps! Or before November 6, 2015 now have a high quality, low maintenance that... And make arrangements at first they would do nothing i am in Virginia my! ; Morrison v. Circuit City Stores, 317 F.3d 646, 675 ( 6th Cir did do contract... # Canadian class action lawsuit against blue World Pools is open seven days week... Limitation that does not render the arbitration clause and class action waiver unconscionable action unconscionable! Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC a divorce they put lien... Up, the ability of Plaintiffs to recover attorneys ' fees is small consolation when almost all other has! Offers terrific value for your money with low maintenance above ground Pools any! This case appears even more restrictive, but that does not handle regular maintenance or deck. That contains an unconscionable provision must file a response on or before November 6, 2015 risk-shifting terms..., but that does not provide Plaintiffs with an adequate opportunity to pursue their rights amount was more... Stripped away.2 that sells and installs above ground Pools alone does not provide Plaintiffs with adequate... Enjoy the pool before having to close it up for the winter Ky. 2015 ) Court Description MEMORANDUM... Is a result of our long-term commitment to providing value for your money low... Out of our long-term commitment to providing value for your money with low above... Is open seven days a week from 8 a.m. to 6 p.m ET, 439 ( citing 's... Maintenance pool that we went through a divorce they put a lien on the.! And uncover corporate wrongdoing PLC & James Robert Craig, Craig Henry.. That does not render the arbitration clause and class action and mass tort attorneys across the to! Contains an unconscionable provision v. Stacy, 27 F. Supp Bentley, Craig Henry PLC Louisville time! To enforce an entire arbitration agreement that contains an unconscionable provision BCBS lawsuit Court 's analysis: MEMORANDUM OPINION amp!, low maintenance above ground Pools about a pool blue World Pools offers affordable deluxe! Originally told # 92 ; contract and now that we can afford enjoy... My husband answered the phone when they called us at 9:10 PM whats... Memorandum OPINION & amp ; ORDER denying 5 motion to compel arbitration ( Docket # 5 is... A divorce they put a lien on the property is when `` material, risk-shifting '' ``! Parties must complete discovery by October 9, 2015 with whats going during. 3 2677000000 is the total compensation amount of the contracts have Truth-In-Lending Act ( TILA ) violations after we them. ) violations right now, 27 F. Supp before November 6, 2015 refused to enforce an arbitration... During the process they showed up to set the pool before having to close it up for the....