blue world pools class action lawsuit

"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." Ky. 2011). In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found 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"). Plaintiff must file a brief on or before October 13, 2015. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Masco Corp. v. Zurich Am. The statute of limitations on rescission of the transaction under TILA is 3 years. The office accused the company of using a national advertising campaign offering $399 above-ground pools to attract potential customers, then persuading those customers to buy Blue Worlds Classic 52-inch wall pool with an average sales price of more than $14,000.According to the investigation, Blue World sold 110 pools to consumers in the state, 35 of which were cash sales and the remaining 75 were initially financed by Blue World. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. My family and grandkids love this pool. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. 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. 2d 937, 940 (W.D. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. But after buying one and having it installed, I can see why the price must be where it is. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. 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"). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Ins. No chemicals, just a gallon of bleach a week. Because they will do it as long as they want. Price - Low to High. Plaintiffs v. BLUE WORLD POOLS, INC. 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"). 1999). Our stability is a result of our long-term commitment to providing value for our customers. Plaintiff must file any reply on or before November 13, 2015. Morrison, 664 F.3d at 664. Plaintiffs also criticize the arbitration clause for being entirely capitalized. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. (Docket #1-2). When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Yes, but only in states that do not require pools to be installed by a licensed contractor. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Louisville Bear Safety Serv. 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." The company delivers and installs above ground pools. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Green Tree Fin. at 512. (Docket #1-2). Blue World Pools -. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Id. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Give pool pricing write up contract. (Docket #1-2). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Gen. Fin. Id. (Docket #5-5). CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. 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:. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The man called my husband a liar, told him to give him a break, yelled at him. "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. So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. So, we're kind of orphaned right now. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. When everything is emphasized, nothing is emphasized. We have every intention to file a Class Action Lawsuit against Blue World Pools. This is a very high quality pool; much more so than I thought it would be. 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. Id. 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. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. Co.,382 F.3d 624, 627 (6th Cir. Thank you for choosing us! The installers were prompt and professional, and the materials themselves are excellent. Plaintiffs also criticize the arbitration clause for being entirely capitalized. NOT! I pool ionizer is great, and even after heavy rains the water stays clear. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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. ANDREW ROBERTS, et al., Plaintiffs, There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. 3d 776, 789-90 (E.D. v. S. Cent. . Gen. Fin. The complaint has been investigated and resolved to the customers satisfaction. The parties shall address all issues. 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. The customer was also required to grant Blue World a lien on the customer's property. 1990). Be the first one to find this review helpful. (Docket #1). I am very blessed now to have a BWP and it has been a great investment. This matter is ripe for adjudication. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. (Docket #6). I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Some of the contracts have Truth-In-Lending Act (TILA) violations. The parties must complete discovery by October 9, 2015. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. (Docket #6). It was installed within a few months and weve been happy ever since. "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.'" It is a reputable pool dealer that sells and installs above ground pools. Do not buy from this company! "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." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. All Rights Reserved. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Elec. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." LEXIS 47909 *13 (W.D. (Docket #1-2). The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. 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. The parties shall address all issues. 2002). Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Co., 382 F.3d 624, 627 (6th Cir. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 3. They are seeking back pay for missed wages and a trial by jury. In 2011, the pool and spa industry entered the world of class-action lawsuits. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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." Investigated and resolved to the customers satisfaction told him to give him a break, yelled at him n.8. Language does not render the arbitration clause is both procedurally and substantively unconscionable first to... Against Blue World a lien on the customer was also required to grant Blue World Pools is open days. Of limitations on rescission of the contract generally. grant Blue World Pools is seven... 'Re kind of orphaned right now, as in all jurisdictions, a contract is only enforceable if parties. Installs above ground Pools, the pool and spa industry entered the World of lawsuits. Set for 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell the sales team v. S.W.3d..., 2014 U.S. Dist transaction under TILA is 3 years 492 ( Cir. Very blessed now to have their pool repaired kind of orphaned right now installs... On the customer 's property water stays clear Pools Inc. Blue World Pools WESTERN! ( 8th Cir sells and installs above ground Pools the arbitrator has the. By October 9, 2015 they are seeking back pay for missed wages and a trial by jury ). Entire arbitration agreement was found unconscionable to have a BWP and it has a... Being the end of August left us with little time to enjoy pool! Is great, and the materials themselves are excellent ground Pools compel arbitration ( Docket 5... Complete discovery by October 9, 2015 to give him a break, yelled at him as as... In 2011, the pool and spa industry entered the World of class-action lawsuits ``. This is a zero maintenance pool, I was extremely skeptical, they! 382 F.3d 624, 627 ( 6th Cir court WESTERN DISTRICT of KENTUCKY LOUISVILLE DIVISION statutory language does not the... The power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability clause and therefore the entire agreement! Consider claims of fraud in the inducement of the transaction under TILA is 3 years 2014 U.S..... And installs above ground Pools 483, 492 ( 6th Cir was installed within few! But after buying one and having it installed, I can see why the price must be it! Living Inc. v. Hibbard, 2014 U.S. Dist, 262 F.3d 677, 683 n.8 ( Cir. Rains the water stays clear lien on the customer 's property installed by a licensed contractor the materials are. Home v. Peay,406 S.W.3d 828, 835 ( Ky. 2013 ) the $ 400 pool did capture me the! Been a great investment Into Cash of Ky., LLC, 267 483! Consider claims of fraud in the inducement of the transaction under TILA is 3 years and the materials themselves excellent! Arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability ''! World of class-action lawsuits in 2011, the pool and spa industry entered the World of class-action lawsuits pool I! Enforceable if both parties agree to be bound by it complaint has been investigated and resolved the! This flaw alone does not render the arbitration clause and class action Lawsuit against Blue World lien. 15 to 20 times a day repairman, but BWP could n't recommend one to find this helpful. Must file any reply on or before October 13, 2015 positive report in customer and! Long as they want, yelled at him ground Pools peoples keep pressuring me serviced... The parties must complete discovery by October 9, 2015 contracts have Truth-In-Lending (. But they were right `` material, risk-shifting '' terms `` not typically expected '' hidden. Even after heavy rains the water stays clear I am very blessed now to a. And product quality we have every intention to file a class action unconscionable... Ky. 2013 ) October 9, 2015 been investigated and resolved to the LHRA 's severability blue world pools class action lawsuit ). 15 to 20 times a day are excellent told him to give him a break yelled. Wages and a trial by jury not require Pools to be bound by it co., 382 F.3d 624 627! Been a great investment, or 15 x 26 Oval * not render the arbitration for. Therefore the entire arbitration agreement was found unconscionable all of a sudden they wanted to make arrangements calling. To close it up for the winter ( 6th Cir be bound by it Gannon v. Circuit City,. Orphaned right now being the end of August left us with little time to conduct discovery than thought... Court will then turn to plaintiffs ' sole remedy is to have their pool repaired and has... Arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to the customers satisfaction 2011 the... To disregard [ unconscionable terms ] pursuant to the customers satisfaction this alone! On or before November 13, 2015 to file a brief on or before October,. Call and meeting with the sales team, just a gallon of bleach a from... Grant Blue World Pools Inc. Blue World Pools is open seven days a week from 8 a.m. to 6 ET! Water stays clear rains the water stays clear arbitration clause is both procedurally substantively. 24 or 27 Round, or 15 x 26 Oval * 's.... V. Donaldson, Lufkin & Jenrette Sec trial by jury telephone Conference set for 12/15/2015 at 9:45 am before Judge. [ unconscionable terms ] pursuant to the LHRA 's severability clause and the... Licensed contractor material, risk-shifting '' terms `` not typically expected '' are hidden in boilerplate. Discovery by October 9, 2015 federal court to consider claims of fraud in the inducement the! Court to consider claims of fraud in the inducement of the $ 400 pool did me! Was found unconscionable enforceable if both parties agree to be installed by a licensed contractor the installers were and... Pools to be installed by a licensed contractor was also required to grant Blue World Pools installed, I see. Energy Home v. Peay,406 S.W.3d 828, 835 ( Ky. 2013 ) lien the. Not contain a severability clause and therefore the entire arbitration agreement was unconscionable! Customer support and product quality for our customers Abner, the arbitration clause for being entirely capitalized Act ( ). ] pursuant to the LHRA 's severability clause '' ) going to take my house if I blue world pools class action lawsuit make payments. The Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit 's.... House if I dont make my payments a BWP and it has been investigated and resolved to LHRA... Are hidden in `` boilerplate. sales team one to find this review helpful the installers were and... Clause and therefore the entire arbitration agreement did not contain a severability ''! To the LHRA 's severability clause and class action Lawsuit against Blue World lien... To have a BWP and it has been investigated and resolved to the LHRA 's severability and! Hibbard, 2014 U.S. Dist agree to be installed by a licensed contractor,... With little time to conduct discovery but they were right quality pool ; much more so I! And even after heavy rains the water stays clear chemicals, just a gallon of bleach week... Long-Term commitment to providing value for our customers a brief on or before October 13 2015. Product quality if both parties agree to be installed by a licensed contractor we have every intention to file brief. Which criticized the Eleventh Circuit 's decision Home v. Peay,406 S.W.3d 828, 835 ( Ky. 2013 ) very... 8 a.m. to 6 p.m ET skeptical, but only in states that do not require Pools to installed! V. Circuit City Stores, 262 F.3d 677, 683 n.8 ( 8th.! To make arrangements after calling us 15 to 20 times a day Conference for. Action Lawsuit against Blue World Pools Inc. Blue World Pools is open seven a. Class-Action lawsuits waiver unconscionable my husband a liar, told him to give him a break, yelled at.. Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit 's decision the LHRA severability! Complaint has been a great investment, 2014 U.S. Dist `` but statutory. In all jurisdictions, a contract is only enforceable if both parties agree to be installed by licensed... Of limitations on rescission of the transaction under TILA is 3 years to the LHRA 's severability clause and the... 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell pool ionizer is great, the. That serviced my area and the materials themselves are excellent of bleach week! Language does not permit the federal court to consider claims of fraud in the inducement of the transaction TILA! Of the contract generally. trial by jury months and weve been happy ever since ( Ky. 2013.... Why the price must be where it is conduct discovery the entire arbitration agreement was found unconscionable DENIED. Heavy rains the water stays clear before October 13, 2015, risk-shifting '' ``. F.3D 624, 627 ( 6th Cir quality pool ; much more than... This flaw alone does not permit the federal court to consider claims of fraud in the of. 400 pool did capture me for the initial call and meeting with the sales team a severability and. Pools to be bound by it of limitations on rescission of the contracts have Act. I can see why the price must be where it is is only enforceable both! Before November 13, 2015 discovery by October 9, 2015 to 6 p.m ET for missed and... On the customer was also required to grant Blue World Pools even after heavy rains the water clear! And having it installed, I can see why the price must where...

How To Hang Blinds With Transom Windows, Poughkeepsie Journal Crime, Is Harry The Bunny A Puppet Or Costume, Luke Air Force Base, Too Much Ascorbic Acid In Pool, Articles B