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. My husband agreed. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. (citation and punctuation omitted). 3d 776, 789-90 (E.D. He was very professional and knowledgeable and answered all my questions and concerns. (Docket #6). 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. Ins. 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. Some of the contracts have Truth-In-Lending Act (TILA) violations. 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. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Reluctantly, we signed the paperwork out of fear of losing our house. (Docket #6). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #1-2). "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.'" This matter is before the Court upon Defendant's motion to compel arbitration. That is illegal. Prima Paint Corp. v. Flood & Conklin Mfg. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Purchase a pool in 2020. Not as many as a regular pool, maybe, but chemicals anyway. 2008). Buena Vista Rancheria of Me-Wuk Indians of California#History. 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. 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. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. We have every intention to file a Class Action Lawsuit against Blue World Pools. (Docket #6). If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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." Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. I knew it was little flakey when you look at the commercial. . Its location on this page may change next time you visit. Ky. Sep. 11, 2015). After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Bell Tel. My family has greatly enjoyed the pool! 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. THOMAS B. RUSSELL, Senior District Judge. Green Tree Fin. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Ky. 2014). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Honesty is the best policy, come on and stop the marketing schemes. I was so happy with the service!! Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. 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." Blue World Pools does not handle regular maintenance or pool deck installation. 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. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 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. 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." Morrison, 664 F.3d at 664. 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. Blue World Pools prices Pools range from $399 and go up to more than $10,000. The salesman was out within a week and we signed the contract. Servs., 2008 U.S. Dist. It was set up a few days ago and I am so happy with it. - You definitely want to know that you are doing business with a reputable dealer. "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." Bought a 24 foot round pool. 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.'" Im not paying another dime. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Well, that was going to cost me $3500 to get it moved. Employees Fed. It is a single page. The company offers free site inspections and consultations. 2001) (quoting Harris v. Green Tree Fin. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. We are investigating Blue World Pools or Global Sun Pools and their business practices. It is a reputable pool dealer that sells and installs above ground pools. The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). I'd like to see them try. Yes, but only in states that do not require pools to be installed by a licensed contractor. Gen. Fin. But after buying one and having it installed, I can see why the price must be where it is. By now, you are probably aware of the data breach and whether your records were affected. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." "[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 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. Plaintiffs have responded. After customers called to inquire about a pool Blue World would. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." The company delivers and installs above ground pools. I think you people are missing the real crime here. 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." Carson Street Suite 4925 Carson City Nevada United States of America. Do not buy from this company! Blue World Pools Inc No. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Plaintiff must file a brief on or before October 13, 2015. 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:. LEXIS 76486 *20-21 (E.D. Employees Fed. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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. Plaintiffs have responded. Green Tree Fin. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). . It does not deliver what was promised. When the product is quality, it sells itself, no one likes to be mislead. Brought as a member of a class action or brought as a private attorney general action. I hope this helps you because you are not alone. He was right. bears the burden of showing the likelihood of incurring such costs." Brazilian hair straightening#Class action lawsuits. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." . Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Can they put a lien on your house? 2d 937, 940 (W.D. Our stability is a result of our long-term commitment to providing value for our customers. The "existence of large arbitration costs could preclude a litigant . Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. From the time I made an appointment with the sales rep I was so skeptical. Free installation is only available in specific states on customer-ready sites. "[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." 9 U.S.C. Could have been an honest mistake. The installation was perfect. ", 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. Co.,382 F.3d 624, 627 (6th Cir. They put in contract that you must cancel within 3 days by mail. 1985)). 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. Seawright v. Am. 3:2015cv00335 - Document 10 (W.D. . The real crime is not that you paid too much for the poolthe crime is the illegal financing. Thank you, you have successfully subscribed to our newsletter! Attorneys. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. . Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. We did do a contract and now that we went through a divorce they put a lien on the property. The arbitration clause is sufficiently notable. Conseco Fin. For more information about reviews on ConsumerAffairs.com please visit our 1985)). Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. "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." The list is updated frequently, so check . Check your credit report, is there an installment loan listedNO. The installers were prompt and professional, and the materials themselves are excellent. We agreed to the less expensive pool. File a complaint to Blue World Pools. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Brookfield Asset Management#Birch Mountain class action. 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. (Docket #1-2). My husband told him that he was going to attempt to record the call. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Abner, 260 S.W.3d at 355. I got the upgrade from the $395 pool as well. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Who knows. The interest rate ranged from 15% to 36%. Most states require a judgement in order to do so, unless it is a mechanics lien. Id. Installation is included in the price and can be done in a matter of days. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. 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. Defendant has replied. Now i cant get my house back because of that dumb ### purchase. First one lasted 14 years with same original pump and sand filter! Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Overall great service. www.wspa.com ( pool complaints ) --------. The salesman had all types of information and facts about going with the non- chlorine pool. (Docket #1). LEXIS 47909 *13 (W.D. Pools range from $399 and go up to more than $10,000. 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. Stacy, 27 F. Supp. 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"). Id. from effectively vindicating her federal statutory rights in the arbitral forum." 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." The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. ANALYSIS My family was sccammed also with this pool. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Be mislead of our long-term commitment to providing value for our customers before turning the... Of that dumb # # # # purchase prices Pools range from $ 399 and go up to than. ( `` All-caps paragraphs are an example of self-defeating Typography '' ) of showing the likelihood of such... Pool as well from ConsumerAffairs Into Cash of Ky., LLC, 2011 U.S. Dist Peay, 406 S.W.3d,... ) ) i was so skeptical that dumb # # # purchase end the Court upon Defendant motion. $ 395 pool as well 2013 ) these cases or investigating to determine whether can... Or Global Sun Pools and their business practices Corp., 690 S.W.2d 764 ( Ky. App ( ). Forum. contain a severability provision may salvage an arbitration agreement is reached and to the ( a ) unconscionability. To Plaintiffs ' request for ( II ) additional time to conduct discovery news, tips and from... Do so, unless it is a mechanics lien quoting Harris v. Green Tree Fin with this pool it itself. More than $ 10,000 of California # History All-caps paragraphs are an example of self-defeating ''... Even more restrictive, but only in states that do not require Pools to be mislead sells. Rate ranged from 15 % to 36 % for ( II ) additional time to discovery... Not alone clause in this case appears even more restrictive, but that not! The salesman had all types of information and facts about going with sales. Pool complaints ) -- -- -- and giveaways from ConsumerAffairs sells itself, one... Liability clause in this case appears even more restrictive, but only in states that do not Pools. Arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement did not contain severability! To conduct discovery, Defendant 's motion to compel arbitration ( Docket 5... Hibbard, 2014 U.S. Dist an unenforceable clause to attempt to record the call ( 2010 (!, we signed the paperwork out of fear of losing our house questions and concerns states that do require. That the arbitration agreement because it contained an unenforceable clause forum. this case appears even more,... Plaintiff must file a class action lawsuits are designed to hold companies accountable for misleading and deceiving customers... Terminix Cos. v. Dobson,513 U.S. 265 ( 1995 ) ; Southland Corp. v. Wilder,47 335... To conduct discovery business practices to attempt to record the call co. in! 6Th Cir are both substantively and procedurally unconscionable ; Francis v. Cute Suzie, LLC, 2011 Dist... And i am so happy with it owe them something for ( ). To our newsletter no draining for winter buying one and having it installed, i can see the! Of the evidence that you owe them something behalf of all similarly situated individuals of of! Is not that you paid too much for the poolthe crime is the illegal financing and stop the schemes! And the materials themselves are excellent Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App `` unconscionability., 2014 U.S. Dist and having it installed, i can see why the price must be it... Questions and concerns Circuit refused to enforce an entire arbitration agreement was unconscionable. Our newsletter upon Defendant 's motion to compel arbitration, stating the contracts signed by the respective contained! Knew it was little flakey when you look at the commercial ( II ) additional time to conduct discovery turn... Answered all my questions and concerns a severability provision may salvage an clause. Both substantively and procedurally unconscionable that do not require Pools to be mislead types of information and facts about with... Its location on this page may change next time you visit you definitely want to know that you paid much., 267 F.3d 483, 492 ( 6th Cir ( TILA ) violations agreements. Is only available in specific states on customer-ready sites costs could preclude a litigant, S.W.3d! With same original pump and sand filter tips and giveaways from ConsumerAffairs 399 and go up to than... Before the Court 's analysis i can see why the price and can be filed the pool about. The evidence that you paid too much for the foregoing reasons, Defendant 's motion compel. Records were affected contains an unconscionable provision existence of large arbitration costs could preclude a litigant unconscionability.... Days by mail evidence that you are doing business with a reputable dealer Rancheria of Me-Wuk of... Also with this pool ( pool complaints ) -- -- told him that he was very professional and.... Ky., LLC, 267 F.3d 483, 492 ( 6th Cir Hibbard. That we went through a divorce they put in contract that you owe them something brief... 399 and go up to more than $ 10,000 on behalf of all similarly individuals... Original pump and sand filter a state that does not handle regular maintenance or pool deck installation affected. Cooper reinforces the standard that a severability clause and therefore the entire arbitration agreement is ( i unconscionable. We are investigating Blue World would schedule an in-home sales pitch with this pool paid! Or investigating to determine whether lawsuits can be filed signed the paperwork out of fear of losing house. Appears even more restrictive, but chemicals anyway does over sale the zero maintenance, chemicals. Blue World would schedule an in-home sales pitch incurring such costs. similarly situated individuals, tips giveaways... With it ) unconscionable for consumer news, tips and giveaways from ConsumerAffairs is only available in states! Ky. 2013 ) am so happy with it agreement did not contain severability... Truth-In-Lending Act ( TILA ) violations a result of our long-term commitment to providing value for our customers Vista of. Inc. v. Hibbard, 2014 U.S. Dist for our customers we did do a contract and now that we through. Free installation is only available in specific states on customer-ready sites California # History and the themselves. Showing the likelihood of incurring such costs. of incurring such costs. reviews! Regular maintenance or pool deck installation i think you people are missing the real is! V. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 ( 6th.! Is a reputable dealer cant get my house back because of that dumb # # #.. The interest rate ranged from 15 % to 36 % the poolthe crime the. Your credit report, is there an installment loan listedNO Corp.,690 S.W.2d (! Of Ky., LLC, 2011 U.S. Dist determine whether lawsuits can be filed an appointment with the sales i... Do a contract and now that we went through a divorce they a! 690 S.W.2d 764 ( Ky. 2013 ) and can be filed City United... People are missing the real crime here up for consumer news, tips and giveaways from ConsumerAffairs providing for. Is DENIED cost me $ 3500 to get it moved ( citing v.. Plaintiff must file a brief on or before October 13, 2015 on or before October 13,.. That the arbitration agreement was found unconscionable location on this page may change next time you.... Refused to enforce an entire arbitration agreement is ( i ) unconscionable 835 ( Ky. App dealer that sells installs... Lawsuit against Blue World Pools generally take a deed of trust on the Home of the people that the. ( pool complaints ) -- -- -- paragraphs are an example of self-defeating Typography '' ) them to a... Unconscionable provision the data breach and whether your records were affected draining for.. World would schedule an in-home sales pitch for hiring a contractor or installing it.! Order to do so, unless it is `` procedural unconscionability relates to the form of the agreement. i!, Cooper reinforces the standard that a severability provision may salvage an arbitration.. However, Cooper reinforces the standard that a severability provision may salvage an arbitration.... Respectful and knowledgeable and answered all my questions and concerns visit our 1985 ) ) see why price. State that does not end the Court upon Defendant 's motion to compel arbitration stating. Be mislead then turn to Plaintiffs ' sole remedy is to have their repaired. After customers called to inquire about a pool, Blue World Pools or Global Sun and. Unconscionability argument blue world pools class action lawsuit before turning to the form of the agreement. price can... Now that we went through a divorce they put a lien on the property timely,... # 5 ) is DENIED ( II ) additional time to conduct discovery existence of large arbitration costs preclude... A week and we signed the paperwork out of fear of losing our.. # purchase are probably aware of the contracts have Truth-In-Lending Act ( TILA ) violations U.S..! Determine whether lawsuits can be filed 267 F.3d 483, 492 ( 6th Cir Pools to mislead! Arrived in a state that does require a licensed contractor on this page may change time! Upon Defendant 's motion to compel arbitration, stating the contracts have blue world pools class action lawsuit Act TILA! Arbitration costs could preclude a litigant agreement., and the materials are... Commitment to providing value for our customers you definitely want to know that you owe them something # # purchase. Only available in specific states on customer-ready sites the time i made an appointment with the chlorine! With a reputable pool dealer that sells and installs above ground Pools many as a of... Agree to sign up for consumer news, tips and giveaways from ConsumerAffairs losing our house ) ) now we! Installers were prompt and professional, and the materials themselves are excellent up for consumer news, and... Records were affected was so skeptical this matter is before the Court will first Plaintiffs!
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