They just did and said OH WELL. "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." "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." When everything is emphasized, nothing is emphasized. the steps are damage and the pool become an pain to handle. 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. no loan agreement and you not acknowledging a debtforget it. Id. Id. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Your choice. The parties must complete discovery by October 9, 2015. Defendant must file a response on or before November 6, 2015. My wife and I reject their offer. This matter is before the Court upon Defendant's motion to compel arbitration. It was set up a few days ago and I am so happy with it. I hope that there are no issues and that the warranty does not jerk me around if ever needed. ANALYSIS Blue World Pools prices Pools range from $399 and go up to more than $10,000. 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. Click the citation to see the full text of the cited case. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Customers can also install pools themselves. Preston v. Ferrer, 552 U.S. 346, 349 (2008). 128 reviews of Blue World Pools "WORST company EVER! . 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. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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. 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." The salesman was out within a week and we signed the contract. Id. We have had many hours of enjoyment from this beautiful pool. 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 Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. 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." Plaintiffs also criticize the arbitration clause for being entirely capitalized. I knew it was little flakey when you look at the commercial. 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"). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Co., 382 F.3d 624, 627 (6th Cir. Do not buy from this company! Overall great service. 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. The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Credit Union v. Donaldson, Lufkin & Jenrette Sec. British American Tobacco#Canadian class action lawsuit \. Employees Fed. 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. Blue World Pools, Inc. stands by the product, installation, and warranty. Well, that was going to cost me $3500 to get it moved. Blue World Pools Inc. Blue World Pools Overview. (citation and punctuation omitted). Employees Fed. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." ComplaintsBoard.com is a leading complaint resolution website on the Internet. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. 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." You have to use algaecide, and other chemicals as well. "[I]f the claim is fraud in the inducement of the arbitration clause itself - an issue which goes to the 'making' of the agreement to arbitrate - the federal court may proceed to adjudicate it." The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. He was not pushy and did not pressure me in any way. By now, you are probably aware of the data breach and whether your records were affected. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. 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." at 512. from effectively vindicating her federal statutory rights in the arbitral forum." In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. "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." They put in contract that you must cancel within 3 days by mail. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. This is the worst I ever seen, this rep come to me, and make it all sound good. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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. We finally agreed and they were supposed to send us paperwork. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Get buying tips about Pool Companies delivered to your inbox. Purchase a pool in 2020. Id. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. The "existence of large arbitration costs could preclude a litigant . Blue World Pools does not handle regular maintenance or pool deck installation. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. They were very friendly and helpful and never made me feel stupid about questions I had. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. The customer was also required to grant Blue World a lien on the customer's property. The statute of limitations on rescission of the transaction under TILA is 3 years. Morrison, 664 F.3d at 664. In 2011, the pool and spa industry entered the world of class-action lawsuits. Depending on whether or not your All-Clad had "sharp edges" after By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Installation is included in the price and can be done in a matter of days. The company delivers and installs above ground pools. 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." Ky. 2014). Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. I think you people are missing the real crime here. Feb 9 2015. 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. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. I'd like to see them try. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." We are pleased that your family is enjoying your pool purchase! We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. This is the 2nd pool I have had installed by Blue World Pools. 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. Masco Corp. v. Zurich Am. Free installation is only available in specific states on customer-ready sites. We are investigating Blue World Pools or Global Sun Pools and their business practices. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. We have been in business since 2001. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. (Docket #6). The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. v. Abner,260 S.W.3d 351, 355 (Ky. App. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. The real crime is not that you paid too much for the poolthe crime is the illegal financing. The Court will address this issue after further discovery. Defendant, Thomas B. Russell, Senior Judge United States District Court. Unsubscribe at any time. Financing options are available on Midline and Classic pool models. My family has greatly enjoyed the pool! We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. Green Tree Fin. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 2d 937, 940 (W.D. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Plaintiffs v. BLUE WORLD POOLS, INC. Kids love the pool and get in it as much as possible. 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I think you people are missing the real crime is not that you must cancel within 3 by..., 577 ( Ky. App is an above ground pool dealer that offers high-quality products at an affordable.. Low maintenance above ground pool dealer that offers high-quality products at an affordable price quot. Their business practices offers high-quality products at an affordable price an agreement is reached and to the specific rights waived... Did not pressure me in any way and the refusal of many courts to enforce entire.
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