Ky. Sep. 11, 2015). (Docket #1-2). (Docket #6). "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." C.B.S. 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." Id. We are pleased that your family is enjoying your pool purchase! Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). 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. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Any customer who objected was told they could no longer rescind the purchase. 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. We have had many hours of enjoyment from this beautiful pool. After customers called to inquire about a pool Blue World would. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I will be happy to become involved in a class action lawsuit against them. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Depending on whether or not your All-Clad had "sharp edges" after See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). 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. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. v. S. Cent. Blue World Pools Inc No. We have been in business since 2001. Check your credit report, is there an installment loan listedNO. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 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. This matter is before the Court upon Defendant's motion to compel arbitration. Ky. 2011). All pool packages come with a manufacturer's warranty. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Prima Paint Corp. v. Flood & Conklin Mfg. Bell Tel. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. When the product is quality, it sells itself, no one likes to be mislead. The salesman had all types of information and facts about going with the non- chlorine pool. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Id. He was not pushy and did not pressure me in any way. . The Court will address this issue after further discovery. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. FAQ. Mortg. 3d 776, 789-90 (E.D. Green Tree Fin. I hope this helps you because you are not alone. 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. No, Blue World Pools is not a scam. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #1-2). 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. Because they will do it as long as they want. 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. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. "[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." . . If you live in a state that does not require a licensed contractor to install a pool, the company provides free 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. The company delivers and installs above ground pools. File a complaint to Blue World Pools. 128 reviews of Blue World Pools "WORST company EVER! 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. LEXIS 76486 *20-21 (E.D. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . I'd like to see them try. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." . We have been in business since 2001. 1990). . Feb 9 2015. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. The pump is very strong and keeps the pool clean. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. Any customer who objected was told they could no longer rescind the purchase. Thank you for choosing us! 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Employees Fed. It is a single page. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Id. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. The list is updated frequently, so check . The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. This is a very high quality pool; much more so than I thought it would be. 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 . (Docket #6). Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. We finally agreed and they were supposed to send us paperwork. 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. LEXIS 58840, *11 (W.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." My family has greatly enjoyed the pool! Plaintiffs have responded. Kentucky, Louisville Division.https://leagle.com/images/logo.png. 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:. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. My family and grandkids love this pool. --------. 3d at 790. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Plaintiff must file a brief on or before October 13, 2015. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 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." ANALYSIS Copyright 2022 Consumers Unified LLC. I got a pool from them, and it isn't what they said it was. I am in Virginia & my daughter is in Kentucky. 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. A link has directed you to this review. 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. 3. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Could have been an honest mistake. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 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. See Perez v. Globe Airport Sec. (Docket #6). (Docket #6). 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. Honesty is the best policy, come on and stop the marketing schemes. (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." 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"). "[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." British American Tobacco#Canadian class action lawsuit \. The installation department works well with you and keeps you informed with whats going on during the process. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "[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." (Docket #1-2). Stacy, 27 F. Supp. The "existence of large arbitration costs could preclude a litigant . 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." 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