For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. I was sold on the pool. Employees Fed. Plaintiff must file a brief on or before October 13, 2015. This matter is ripe for adjudication. All pool packages come with a manufacturer's warranty. 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"). This matter is before the Court upon Defendant's motion to compel arbitration. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). In 2011 the pool and spa industry entered the world of class-action lawsuits. Kids love the pool and get in it as much as possible. 2004). This matter is ripe for adjudication. A link has directed you to this review. We paid faithfully on-time for the first year and a half. "[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." (Docket #6). 128 reviews of Blue World Pools "WORST company EVER! Morrison, 664 F.3d at 664. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. So, we're kind of orphaned right now. This is the 2nd pool I have had installed by Blue World Pools. Id. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Kentucky, Louisville Division. 2004). Gen. Fin. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. For more information about reviews on ConsumerAffairs.com please visit our The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. v. S. Cent. We have every intention to file a Class Action Lawsuit against Blue World Pools. LEXIS 76486 *20-21 (E.D. Share your photos and videos with others to prove the truth of your words. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Green Tree Fin. Listed below are those cases in which this Featured Case is cited. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Its a great investment for family enjoyment. File a complaint to Blue World Pools. They are just scaring you into letting them continue to rob your bank account. My children and friends have heard the messages because he speaks so loudly. Very competent people who sold the pool, answered the phones, and serviced the pool. I have been very satisfied with it and enjoying it ever since. The Court will address this issue after further discovery. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. 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." Price - Low to High. (Docket #6). Plaintiffs v. BLUE WORLD POOLS, INC. 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. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. I will say the installer was awesome and very thorough, the pool quality is apparent. Id. LEXIS 58840, *11 (W.D. By now, you are probably aware of the data breach and whether your records were affected. "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." --------. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 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"). 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. 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 argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (Docket #6). Im not paying another dime. An above ground pool is a major purchase. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Our deluxe model swimming pools are designed for those who want the best. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. The man told him that he didnt give a dam and that he would never stop or leave us alone. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. 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. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. 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. Ins. (Docket #5). Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Reluctantly, we signed the paperwork out of fear of losing our house. Class Action, Mass Tort and Multidistrict Litigation 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. Id. When the product is quality, it sells itself, no one likes to be mislead. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Id. 9 U.S.C. 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. We tried to call them and make arrangements at first they would do nothing. . We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Click on the case name to see the full text of the citing case. He was very professional and knowledgeable and answered all my questions and concerns. See Perez v. Globe Airport Sec. . This program is a way businesses can turn negatives into a positive. (Docket #1). A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Feb 9 2015. 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. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. at 491. I decided to check it out and the sales rep was awesome. They tricked us into the whole lien on our home as well. 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. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. They are seeking back pay for missed wages and a trial by jury. They put in contract that you must cancel within 3 days by mail. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. Purchase a pool in 2020. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. also, they tried to pull money out of our account after we told them not too. at 512. 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. 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. Id. 2002). "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Servs., Inc., 507 F.3d 967, 972 (6th Cir. (Docket #6). Servs., Inc.,507 F.3d 967, 972 (6th Cir. v. It was installed in late August by a great crew. Plaintiffs have responded. Blue World Pools Inc No. 1990). 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"). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. C.B.S. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Davis v. Global Client Solutions, LLC, 765 F. Supp. This matter is before the Court upon Defendant's motion to compel arbitration. 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." Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). The "existence of large arbitration costs could preclude a litigant . Co., 388 U.S. 395, 403-04 (1967). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. 2003). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. By Chris Dickerson. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. The intimidation tactics are laughable. The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. Brookfield Asset Management#Birch Mountain class action. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. 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