blue world pools class action lawsuit
Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. (Docket #1-2). 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. NOT! 128 reviews of Blue World Pools "WORST company EVER! 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. (Docket #6). 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 ###. CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. 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. 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. The complaint has been investigated and resolved to the customers satisfaction. 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." LEXIS 58840, *11 (W.D. (Docket #1). They ask the court to void the transactions. (Docket #6). Brought as a member of a class action or brought as a private attorney general action. We had to close the account. The interest rate ranged from 15% to 36%. This program is a way businesses can turn negatives into a positive. Free installation is limited to certain states. Morrison, 317 F.3d at 663. Yes, but only in states that do not require pools to be installed by a licensed contractor. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" 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. After customers called to inquire about a pool Blue World would. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. When I first encountered Blue World Pools, it initially seemed to be overpriced. 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 Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Morrison, 664 F.3d at 664. at 512. "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." Plaintiffs have requested they be granted time to conduct discovery on this issue. 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. Id. Servs., Inc.,507 F.3d 967, 972 (6th Cir. . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 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. 2d 937, 940 (W.D. Id. I pool ionizer is great, and even after heavy rains the water stays clear. Pools range from $399 and go up to more than $10,000. It was set up a few days ago and I am so happy with it. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." We have been in business since 2001. For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. 2001) (quoting Harris v. Green Tree Fin. (Docket #6). 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 . Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . . Click on the case name to see the full text of the citing case. The installation was perfect. I was amazed how easy it was to get it prepared for this year's swimming season. "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. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Id. First one lasted 14 years with same original pump and sand filter! 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"). Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." 2004). The list is updated frequently, so check . ComplaintsBoard.com is a leading complaint resolution website on the Internet. Gen. Fin. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Honesty is the best policy, come on and stop the marketing schemes. The salesman had all types of information and facts about going with the non- chlorine pool. Then they said they would send over the proper forms and to go sit by my computer and wait for them. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. FAQ. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. . Stacy, 27 F. Supp. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Id. 2001), vac'd by 294 F.3d 1275 (11th Cir. I hope this helps you because you are not alone. He was not pushy and did not pressure me in any way. Davis v. Global Client Solutions, LLC, 765 F. Supp. The lawyers get paid, and so should you. 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. Purchase a pool in 2020. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). - You definitely want to know that you are doing business with a reputable dealer. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. --------. They must get a court order in YOUR countygo right ahead and try that. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Corp.,183 F.3d 173 (3rd Cir. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. The customer was also required to grant Blue World a lien on the customer's property. 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. 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. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Citations are also linked in the body of the Featured Case. Blue World Pools Inc No. 1999). This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Elec. 1985)). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." (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." In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. 3d 776, 789-90 (E.D. 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." 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. 2002). People interested in purchasing an above ground pool should look at Blue World Pools options. "[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." 1959) ("one who signs a contract is presumed to know its contents"). Copyright 2022 Consumers Unified LLC. LEXIS 47909 *13 (W.D. 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 company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. v. Abner,260 S.W.3d 351, 355 (Ky. App. It took them about three days to complete the job. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Listed below are the cases that are cited in this Featured Case. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). United States District Court, W.D. 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. Has reached a combined 8 million class action lawsuit. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. My family was sccammed also with this pool. I decided to check it out and the sales rep was awesome. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Please if anyone can help please let me know. 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. The Court will address this issue after further discovery. 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." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. 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. Plaintiffs have responded. We agreed to the less expensive pool. Unsubscribe at any time. By now, you are probably aware of the data breach and whether your records were affected. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. They put in contract that you must cancel within 3 days by mail. That is illegal. 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. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. The pool has been great and easy to keep clean. 2004). Brazilian hair straightening#Class action lawsuits. But the pool is installed and we are enjoying it with our grandkids. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. We too were scammed. We were unsure at first but Blue World worked with us to make sure we were happy. Ky. 2014). (Docket #6). (Docket #1-2). Click the citation to see the full text of the cited case. . 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. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Morrison, 664 F.3d at 664. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. 9 U.S.C. the steps are damage and the pool become an pain to handle. The arbitration clause is sufficiently notable. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 2003). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. . 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." "[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." Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Brookfield Asset Management#Birch Mountain class action. 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." (Docket #9). (Docket #5-3). 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. 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. Materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or in. V. Cute Suzie, LLC, 2011 U.S. Dist pool, the company provides free installation Blue... Filter, pump, liner, live in a state that does not end the will! Econoline Pools are the most affordable option these Pools start at $ 399 and go up more. Types of information and facts about going with the non- chlorine pool to more than $ 10,000 however, amount. That you must cancel within 3 days by mail chemicals and no draining for winter on! 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Green Tree Fin the water stays clear of liability clause in this case appears even restrictive... Recently purchased a new pool from Blue World Pools extensive coverage in addition to the warranty! ; ( quoting Harris v. Green Tree Fin v. Green Tree Fin of citing! And giveaways from ConsumerAffairs and ionizer is required, some drainage and removal pump... 2015 at 9:45 am Eastern ( Louisville ) time in contract that you must cancel within days. Business with a reputable dealer n't be happier with our decision ) ; Francis v. Cute Suzie LLC... For LAWYERS, 87 ( 2010 ) ( `` All-caps paragraphs are example. V. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir distributed in any way are! No chemicals and no draining for winter are enjoying it with our grandkids, or distributed any. And Classic packages include Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer and! Pool become an pain to handle bleach is required for winter enjoy while and...
