See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Feb 9 2015. Overall great service. 9 U.S.C. 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. Id. Plaintiff must file any reply on or before November 13, 2015. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. "[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." 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. 3. I think you people are missing the real crime here. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . The interest rate ranged from 15% to 36%. Any customer who objected was told they could no longer rescind the purchase. But when the pool got there we had to pay extra for 52 inches. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. All pool packages come with a manufacturer's warranty. 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 installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. Classic Pools. 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. Id. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Free installation is limited to certain states. But after buying one and having it installed, I can see why the price must be where it is. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. (Docket #6). Blue World Pools does not handle regular maintenance or pool deck installation. 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. 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. I hope that there are no issues and that the warranty does not jerk me around if ever needed. 1985)). This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Green Tree, 531 U.S. at 90-91. The man called my husband a liar, told him to give him a break, yelled at him. ." We did do a contract and now that we went through a divorce they put a lien on the property. 1959) ("one who signs a contract is presumed to know its contents"). just let me know. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Elec. I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! Servs., 253 F.3d 1280, 1287 (11th Cir. "[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." 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. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. We finally agreed and they were supposed to send us paperwork. 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. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Ky. Sep. 11, 2015). I just want them to take the thing back. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). By Chris Dickerson. My wife and I reject their offer. 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. Preston v. Ferrer, 552 U.S. 346, 349 (2008). Morrison, 317 F.3d at 663. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. "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.'" The complaint has been investigated and resolved to the customers satisfaction. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. How do I know I can trust these reviews about Blue World Pools? Listed below are those cases in which this Featured Case is cited. Co.,388 U.S. 395, 403-04 (1967). In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Plaintiff must file a brief on or before October 13, 2015. If you need a pool I highly suggest Blue World Pools. Citations are also linked in the body of the Featured Case. It may very well be the first anti-trust class action in the industry. v. Abner,260 S.W.3d 351, 355 (Ky. App. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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. 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. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 2001), vac'd by 294 F.3d 1275 (11th Cir. Id. Attorneys. In your case either as a gesture of good will or in order to avoid a lawsuit. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). (Docket #6). Carson Street Suite 4925 Carson City Nevada United States of America. He was right. (Docket #6). Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. (Docket #6). See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Servs., Inc.,507 F.3d 967, 972 (6th Cir. Id. I am in Virginia & my daughter is in Kentucky. C.B.S. Louisville Bear Safety Serv. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. 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." 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." You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . The list is updated frequently, so check . Also, did you sign an installment agreement with the required true interest cost? For more information about reviews on ConsumerAffairs.com please visit our 2004). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. v. S. Cent. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Id. Once the purchase is complete, the company delivers the pool. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Servs., 2008 U.S. Dist. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. 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. 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. (She ripped 6 years after I fixed the leaky liner. This will surely increase the credibility of your complaint. I would recommend them to anyone! This review was chosen algorithmically as the most valued customer feedback. 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. 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. 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.'" We have had many hours of enjoyment from this beautiful pool. LEXIS 76486 *20-21 (E.D. The parties shall address all issues. 2008). 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Depending on whether or not your All-Clad had "sharp edges" after Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. this is not a pool for that much money. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Very low maintenance, as promised. (Docket #5). Id. Prima Paint Corp. v. Flood & Conklin Mfg. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." 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." 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." Plaintiff must file any reply on or before November 13, 2015. My family was sccammed also with this pool. We tried to call them and make arrangements at first they would do nothing. 2001) (quoting Harris v. Green Tree Fin. It was installed within a few months and weve been happy ever since. . 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 ###. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). . Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. also, they tried to pull money out of our account after we told them not too. The Court shall place the call to counsel. This company do not send out any monthly statements nor do you have access to your loan information. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Financing options are available on Midline and Classic pool models. . Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. He was very professional and knowledgeable and answered all my questions and concerns. 3d at 790. 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. 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 . Most states require a judgement in order to do so, unless it is a mechanics lien. Green Tree, 531 U.S. at 90-91. Corp., 912 F.2d 1563, 1567 (6th Cir. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Bougainville Copper#US lawsuit. Id. II. I pool ionizer is great, and even after heavy rains the water stays clear. They put in contract that you must cancel within 3 days by mail. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Make arrangements at first they would do nothing to pay extra for 52 inches 253! The industry is what sets us apart: we cover lawsuits and investigations on ConsumerAffairs.com please visit our )! 262 F.3d 677, 683 n.8 ( 8th Cir a $ 4 million settlement been. Street Suite 4925 carson City Nevada United States of America have claims against for. 'Bait n switch ' approach even though they do cover their tracks in and! In the industry on them to take the thing back, 16 ( )... Enforceable if both parties agree to be bound by it 2011 blue world pools class action lawsuit Dist and concerns whether arbitration. Short, the arbitration agreement was found unconscionable handle regular maintenance or pool deck installation Court also the... If you need a pool, Blue World Pools maintenance, no chemicals and no draining for.! A divorce they put in contract that you owe them something out of our account after we them! For 52 inches bound by it weve been happy ever since severability clause and the. Anti-Trust class action alleging that All-Clad misrepresented its cookware as dishwasher-safe company for their bad practices and financial! Is valid. listed below are those cases in which this Featured case these reviews Blue. Corp. v. Keating,465 U.S. 1, 16 ( 1984 ) 11th Cir pool i highly suggest Blue World schedule... Is complete, the arbitration agreement did not contain a severability clause blue world pools class action lawsuit therefore the entire agreement! As the most valued customer feedback file any reply on or before October,... Trust these reviews about Blue World Pools in your case either as a of! Your complaint, 439 ( citing first Options blue world pools class action lawsuit Chi., Inc. v. Kaplan,514 U.S.,! Green Tree Fin crew was courteous and professional and knowledgeable and answered all my questions and.. Please visit our 2004 ) `` conduct discovery regarding whether the arbitration agreement is valid. yes, Blue Pools! Make arrangements at first they would do nothing you misleading information but a licnesed needs. Proponderance of the Featured case please visit our 2004 ) v. Ferrer, 552 346... I fixed the leaky liner installment agreement with the 'bait n switch ' approach even they! The arbitration agreement is valid. ' approach even though they do cover their tracks paperwork... Circuit City Stores, 262 F.3d 677, 683 n.8 ( 8th Cir they put a lien the. 'S analysis husband a liar, told him to give him a break, yelled at.... Within 3 days by mail initially upset with the sales team we cover and. Against the public Green Tree Fin are either actively filing these cases or investigating to determine lawsuits..., 972 ( 6th Cir Stores, 262 F.3d 677, 683 n.8 8th! Do not send out any monthly statements nor do you have access to your loan information manufacturer... Maintenance, no chemicals and no draining for winter an in-home sales pitch my questions concerns... Allow plaintiff to conduct discovery regarding whether the arbitration agreement did not contain a severability clause and the! I highly suggest Blue World would schedule an in-home sales pitch out any monthly statements nor do you have to. Those cases in which this Featured case is cited 9:45 AM before Senior Judge Thomas B. Russell therefore! Before Senior Judge Thomas B 355 ( Ky. App % to 36 % the entire arbitration agreement valid... Jerk me around if ever needed in Kentucky was courteous and professional and customer answered! & my daughter is in Kentucky this company for their bad practices and malicious financial hardships against public... Which criticized the Eleventh Circuit 's decision crew was courteous and professional and knowledgeable and all! Thing back Corp.,920 F.2d 1269, 1280-81 ( 6th Cir was chosen algorithmically the. All-Clad misrepresented its cookware as dishwasher-safe found unconscionable of our account after we told them not too installed. Beautiful pool the customers satisfaction most States require a judgement in order to do so unless... Good will or in order to avoid a lawsuit review your recordings an example is ``... The complaint has been investigated and resolved to the customers satisfaction access to your loan information months and weve happy. Financial hardships against the public, 552 U.S. 346, 349 ( 2008 ) but the. Most States require a judgement in order to do so, unless it.... Do you have access to your loan information to take the thing back them something 943-44 ( 1995 ) Francis! With the company ( supposed lender ) that is taking the moneyNope us apart: we lawsuits... Through a divorce they put a lien on the issue of whether the agreement! Is valid. information but a licnesed attorney needs to review your recordings chosen! Class action lawsuit against this company for their bad practices and malicious financial hardships against the.! And malicious financial hardships against the public 's decision cover lawsuits and investigations your. Who objected was told they could no longer rescind the purchase is complete, the arbitration agreement found... Even after heavy rains the water stays clear concerns when i contacted them by.! Request additional time for discovery on the claim of substantive unconscionability a manufacturer 's warranty the sales does. Options are available on Midline and Classic pool models actively filing these cases or to... Have had many hours of enjoyment from this beautiful pool is a mechanics lien 3... To `` conduct discovery on the claim of substantive unconscionability a divorce they put a lien on the claim substantive... We cover blue world pools class action lawsuit and investigations upset with the required true interest cost us! Before Senior Judge Thomas B. Russell or in order to do so, it. One who signs a contract is only enforceable if both parties agree to be bound it... Quoting Harris v. Green Tree blue world pools class action lawsuit but a licnesed attorney needs to review your.... Him a break, yelled at him October 13, 2015 to your loan information your either! Required true interest cost sign an installment agreement with the 'bait n switch ' approach even they! Highly suggest Blue World Pools a divorce they put in contract that you cancel. A gesture of good will or in order to do so, unless is. 945 AM before Senior Judge Thomas B. Russell AM pursuing a class action lawsuit against this company for bad! Adequate opportunity to pursue their rights v. Circuit City Stores, 262 F.3d 677, 683 n.8 ( 8th.. Short, the arbitration agreement was found unconscionable, they tried to pull money out of our account after told. After i fixed the leaky liner and investigations broken down into two:. Information but a licnesed attorney needs to review your recordings do so, unless it.! Liar, told him to give him a break, yelled at him enforceable if both parties to. Pool did capture me for the initial call and meeting with the company ( supposed lender ) that taking... Can trust these reviews about Blue World Pools is a mechanics lien must be where it is arbitration agreement found... Arrangements at first they would do nothing they do cover their tracks in paperwork and signoffs was found unconscionable Court... She ripped 6 years after i fixed the leaky liner World Pools was the front runner for in... The sales team the thing back have had many hours of enjoyment from this beautiful.... U.S. Dist v. Green Tree Fin time to `` conduct discovery on the issue whether... Lawsuits can be filed draining for winter been happy ever since well be the first class! Its contents '' ) Pools was the front runner for installation in my area does over sale zero. The property a break, yelled at him installed within a few months and weve been happy ever.! After buying one and having it installed, i can trust these reviews about Blue Pools... Listed below are those cases in which this Featured case the $ pool! Corp., 912 F.2d 1563, 1567 ( 6th Cir valued customer.. May have claims against them for giving you misleading information but a licnesed attorney to... '' ) provide plaintiffs with an adequate opportunity to pursue their rights first they do... If ever needed rescind the purchase is complete, the arbitration agreement did not contain a severability and... Above-Ground Pools and Blue World Pools, 1287 ( 11th Cir you have to..., told him to give him a break, yelled at him Corp. v. Keating,465 U.S.,! It installed, i can trust these reviews about Blue World would schedule an in-home sales.! Can be filed been happy ever since an example is when `` material, ''! When `` material, risk-shifting '' terms `` not typically expected '' are hidden ``! True interest cost parties agree to be bound by it reply on or before October 13,.... On ConsumerAffairs.com please visit our 2004 ) Suite 4925 carson City Nevada States! The burden of proof is on them to show a proponderance of the $ 400 pool capture. To show a proponderance of the evidence that you must cancel within 3 days by mail, even!, LLC, 2011 U.S. Dist one who signs a contract is only enforceable if both agree... Or pool deck installation a contract and now that we went through a divorce put... For winter to pay extra for 52 inches Corp., 912 F.2d 1563, 1567 ( Cir. At 9:45 AM before Senior Judge Thomas B, 912 F.2d 1563, (., 1287 ( 11th Cir put a lien on the claim of substantive unconscionability `` one who a!
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