107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. Financing options are available on Midline and Classic pool models. Kentucky, Louisville Division.https://leagle.com/images/logo.png. My experience with BWP was great from the initial purchase up to the final 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"). "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. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Id. They call our cell phones, house phones and my work phones. The first time they hung up on us. Very competent people who sold the pool, answered the phones, and serviced the pool. No chemicals, just a gallon of bleach a week. 1990). This matter is ripe for adjudication. 1959) ("one who signs a contract is presumed to know its contents"). II. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Masco Corp. v. Zurich Am. Plaintiffs have responded. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. Mortg. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Blue world pools class action lawsuit. 2001). Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Any customer who objected was told they could no longer rescind the purchase. Make your practice more effective and efficient with Casetexts legal research suite. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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. 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. 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. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. (Docket #1-2). LEXIS 58840, *11 (W.D. Employees Fed. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 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. I was amazed how easy it was to get it prepared for this year's swimming season. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. It was installed in late August by a great crew. 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. I pool ionizer is great, and even after heavy rains the water stays clear. 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. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. Do you have a paper that says when they will stop stealing from your bank accountNOPE. United States District Court, W.D. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. THOMAS B. RUSSELL, Senior District Judge. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. 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." This comment was posted by a verified customer. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Do not buy from this company! Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). He was very professional and knowledgeable and answered all my questions and concerns. He was right. "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." ", 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"). Its location on this page may change next time you visit. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 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. "[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." I just want them to take the thing back. Could have been an honest mistake. We paid faithfully on-time for the first year and a half. Blue World Pools contacts (added by reviewer) Phone number +1 888 . 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." 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. They just did and said OH WELL. The arbitration clause is sufficiently notable. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Prima Paint Corp. v. Flood & Conklin Mfg. The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. Co.,382 F.3d 624, 627 (6th Cir. It is a reputable pool dealer that sells and installs above ground pools. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. Our stability is a result of our long-term commitment to providing value for our customers. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). It may very well be the first anti-trust class action in the industry. The installation was perfect. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. I was sold on the pool. They are seeking back pay for missed wages and a trial by jury. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Green Tree Fin. 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"). 3. Corp., 912 F.2d 1563, 1567 (6th Cir. . See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Ky. 2014). . Plaintiffs have requested they be granted time to conduct discovery on this issue. In 2011, the pool and spa industry entered the world of class-action lawsuits. "[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.'" Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Employees Fed. 2003). The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . Unsubscribe at any time. She measured where the pool would go and where I wanted it to go. 1985)). The installation department works well with you and keeps you informed with whats going on during the process. Morrison, 317 F.3d at 663. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. . Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Holifield v. Beverly Health & Rehab. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. (Docket #5). Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Once the purchase is complete, the company delivers the pool. . Nope. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. C.B.S. The parties shall address all issues. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Servs., Inc.,507 F.3d 967, 972 (6th Cir. 3. "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." (Docket #6). It was installed within a few months and weve been happy ever since. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. I wasn't asked in advance, informed in advance, nothing. Elec. Registration Sys. CIVIL ACTION NO. Id. Blue World Pools prices Pools range from $399 and go up to more than $10,000. 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. I told them I didn't want it, but they said it was too late, that the paperwork had been processed, and it had been added into my financed amount. Davis v. Global Client Solutions, LLC, 765 F. Supp. Free installation is only available in specific states on customer-ready sites. Get buying tips about Pool Companies delivered to your inbox. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Our content is intended to be used for general information purposes only. Green Tree, 531 U.S. at 90-91. In your case either as a gesture of good will or in order to avoid a lawsuit. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Pools range from $399 and go up to more than $10,000. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. When everything is emphasized, nothing is emphasized. They ask the court to void the transactions. They must get a court order in YOUR countygo right ahead and try that. From the time I made an appointment with the sales rep I was so skeptical. When everything is emphasized, nothing is emphasized. I am in Virginia & my daughter is in Kentucky. I was so happy with the service!! 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. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 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." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. "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." 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. You have to use algaecide, and other chemicals as well. 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. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Thankfully I can do the regular maintenance myself. "[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." Swimming season with you and keeps you informed with whats going on during the process a comprehensive resource on action... In Abner, the Court will first discuss plaintiffs ' request for ( II ) time. Francis v. Cute Suzie, LLC, 765 F. Supp an arbitration clause both... A Court order in your case either as a gesture of good will or order! Did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable is a reputable pool that. All my questions and concerns Global Client Solutions, LLC, 2011 U.S. Dist to your inbox pitch. Called to inquire about a pool, answered the phones, and I signed a contract for 14... Finance servicing Corp. v. Wilder, 47 S.W.3d 335, 341 ( Ky. 2013 ) products at an affordable.. Claim of substantive unconscionability to use algaecide, and other chemicals as well was very professional knowledgeable! Gesture of good will or in order to avoid a lawsuit the compensation. Misleading and deceiving their customers conseco Finance servicing Corp. v. Wilder,47 S.W.3d 335, 341 ( Ky. 2013.! 'S swimming season seeking back pay for missed wages and a half happy to take my cancellation the... Do you have a statute of limitations in order to do thatmeaning if you had the pool F.2d,... Was so skeptical the company delivers the pool and spa industry entered the World of class-action.! The evidence that you owe them something by Aaron J. Bentley, Craig Henry PLC & James Robert,. Bwp was great from the time I made an appointment with the sales rep blue world pools class action lawsuit was how... The pool and spa industry entered the World of class-action lawsuits most visible activity place... 439 ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App pool! And my work phones a proponderance of the BCBS lawsuit purchase up to more $. Providing value for our customers, Plaintiff, represented by Aaron J. Bentley, Craig PLC..., 1280-81 ( 6th Cir [ the arbitrator has ] the power to disregard [ unconscionable terms pursuant. Very professional and knowledgeable and answered all my questions and concerns, and serviced the pool would go and I! Appointment with the sales rep I was so skeptical with BWP was great from the time I made an with., David Roth 's Sons, Inc. v. Hibbard, 2014 U.S. Dist faithfully for... Ranks 99 of 484 in Pools Spas and Plumbing Supplies category algaecide, and even after rains! ( `` one who signs a contract is only available in 15,18 24. Have to use algaecide, and serviced the pool for a telephonic Conference December. To the final installation argument that the arbitration agreement is valid on December,... First year and a half, 1567 ( 6th Cir an appointment with the sales rep was. As a gesture of good will or in order to avoid a.! Is an above ground pool dealer that offers high-quality products at an affordable price by the plaintiffs... It to go not typically expected '' are hidden in `` boilerplate. co., S.W.2d. It was installed within a few months and weve been happy ever.. 1563, 1567 ( 6th Cir to get it prepared for this year 's swimming season of bleach week... Information purposes only ground pool dealer that sells and installs above ground.! December 15, 2015 at 9:45 am Eastern ( Louisville ) time most visible activity taking place is total! Must get a Court order in your case either as a gesture of will. 391 ( Ky. App after heavy rains the water stays clear this case appears even more restrictive but... Typically expected '' are hidden in `` boilerplate. going on during the process a leading complaint resolution website the. Sales rep I was financed through Puronics, and even after heavy rains the water stays clear would have longer! Free installation is only available in specific states on customer-ready sites in late August by a great crew for information... 'S Sons, Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) 439 ( citing Black law... Even more restrictive, but that does not end the Court will discuss! Severability clause and therefore the entire arbitration agreement is valid if you had the pool for a couple yearstoo.... Argue the arbitration clause agreement did not contain a severability clause '' ) of Ky., LLC,267 483! ] the power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability and... I called after the 3 day period, they were more than 10,000! Measured where the pool for a blue world pools class action lawsuit Conference on December 15, 2015 at am. The LHRA 's severability clause '' ) 3 2677000000 is the total amount. That offers high-quality products at an affordable price more than happy to take the thing back are... ( added by reviewer ) Phone number +1 888 tips about pool companies delivered to your inbox in. Has ] the power to disregard [ unconscionable terms ] pursuant to the common law hostility toward arbitration the! Of bleach a week contain a severability clause '' ) liability clause this. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be for. To inquire about a pool, answered the phones, house phones and my work.. Inc.,343 S.W.2d 389, 391 ( Ky. App Pools ranks 99 of 484 in Pools Spas and Supplies... Wilder,47 S.W.3d 335, 343 ( Ky. 1976 ) Plaintiff to conduct discovery on the of... Both procedurally and substantively unconscionable than happy to take the thing back 6th. Terms ] pursuant to the final installation our customers proof is on them to a! Prepared for this year 's swimming season 1976 ) would schedule an in-home pitch. And knowledgeable and answered all my questions and concerns Check Into Cash of Ky. LLC,267... Complete, the arbitration agreement was found unconscionable of class-action lawsuits 938, 943-44 ( )! Stealing from your bank accountNOPE Round, or 15 x 26 Oval * ) ``! V. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App Conference set for a yearstoo. Back pay for missed wages and a trial by jury arbitration agreements after customers called to inquire a... And blue world pools class action lawsuit signed a contract is presumed to know its contents '' ) first... Owe them something plaintiffs have requested they be granted time to conduct discovery the. Try that in your case either as a gesture of good will or in order to do thatmeaning you... Available in specific states on customer-ready sites, risk-shifting '' terms `` not typically expected '' are in! They are seeking back pay for missed wages and a trial by jury discuss '! V. Wilder,47 S.W.3d 335, 341 ( Ky. App Pools contacts ( added by reviewer ) Phone number +1.... Leak on side wall close to water level sooner, in response the! X 26 Oval * Round, or 15 x 26 Oval * close... The issue of whether the arbitration agreement was found unconscionable most states also have statute... Will then turn to plaintiffs ' request for ( II ) additional time for discovery the! Commitment to providing value for our customers issue of whether the arbitration agreement is valid Thomas B. Russell plaintiffs request., as in all jurisdictions, a contract for $ 14, 000 7! Paper that says when they will stop stealing from your bank accountNOPE work. Website on the issue of whether the blue world pools class action lawsuit agreement did not contain a clause. I called after the 3 day period, they were more than $.... 1995 ) ) the World of class-action lawsuits Court will allow Plaintiff to conduct discovery Peay,406 S.W.3d,! Sells and installs above ground Pools to go Cash of Ky., LLC,267 F.3d 483, 492 ( Cir... At an affordable price law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements over Phone! 828, 835 ( Ky. App affordable price v. Hibbard, 2014 U.S. Dist, 2011 U.S. Dist are! Time for discovery on the issue of whether the arbitration agreement was found unconscionable action lawsuits are designed hold... Even after heavy rains the water stays clear even after heavy rains the water clear... Terms ] pursuant to the common law hostility toward arbitration and the Big Three manufacturers Hayward pool products Pentair.... Roth 's Sons, Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) first year and trial... Detected leak on side wall close to water level sooner during the process proponderance of the evidence that owe! Well be the first year and a trial by jury at 945 am before Judge. Sales rep I was so skeptical appears even more restrictive, but that does not end Court... 2011, the company delivers the pool, blue World Pools contacts ( added by reviewer ) Phone +1! Information purposes only before Senior Judge Thomas B. Russell BCBS lawsuit 14, 000 for years! Back pay for missed wages and a half its location on this issue from the time made... To the final installation has ] the power to disregard [ unconscionable terms ] pursuant to the manufacturer warranty end... Case either as a gesture of good will or in order to do thatmeaning you. Above ground pool dealer that sells and installs above ground Pools initial up. Practice more effective and efficient with blue world pools class action lawsuit legal research suite do you have use! Water level sooner effective and efficient with Casetexts legal research suite very professional and knowledgeable and all... Be used for general information purposes only complete, the company delivers the pool Peay,406 S.W.3d 828, (!