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. They are seeking back pay for missed wages and a trial by jury. Prima Paint Corp. v. Flood & Conklin Mfg. Any customer who objected was told they could no longer rescind the purchase. v. Abner,260 S.W.3d 351, 355 (Ky. App. 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." After customers called to inquire about a pool Blue World would. My husband told him that he was going to attempt to record the call. This is ClassAction.org's current list of open lawsuits and investigations. Id. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Check your credit report, is there an installment loan listedNO. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. I hope that there are no issues and that the warranty does not jerk me around if ever needed. "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." 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. I highly recommend Blue World Pools. Abner, 260 S.W.3d at 355. We did do a contract and now that we went through a divorce they put a lien on the property. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 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 parties shall address all issues. The installers were prompt and professional, and the materials themselves are excellent. . 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"). The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. LEXIS 76486 *20-21 (E.D. Masco Corp. v. Zurich Am. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! The first time they hung up on us. He was very professional and knowledgeable and answered all my questions and concerns. Id. Very low maintenance, as promised. (citation and punctuation omitted). 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. Defendant has replied. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. "[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." Free installation is limited to certain states. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Thank you, you have successfully subscribed to our newsletter! 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. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. They call our cell phones, house phones and my work phones. 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." Id. . Kentucky, Louisville Division. 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. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. No chemicals, just a gallon of bleach a week. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). (Docket #6). at 512.3. 1959) ("one who signs a contract is presumed to know its contents"). 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." ANDREW ROBERTS, et al., Plaintiffs, 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 doctrine of unconscionability is broken down into two subsets: procedural and substantive. Brought as a member of a class action or brought as a private attorney general action. Who knows. The arbitration clause is sufficiently notable. I'd like to see them try. 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"). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Make your practice more effective and efficient with Casetexts legal research suite. Will be used in accordance with our terms of service & privacy policy. 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. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. also, they tried to pull money out of our account after we told them not too. (Docket #6). 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Give pool pricing write up contract. Blue World Pools Inc. Blue World Pools Overview. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Conseco Fin. Honesty is the best policy, come on and stop the marketing schemes. this is not a pool for that much money. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. ANALYSIS . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Blue World Pools, Inc., No. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. . I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Id. . 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." Corp., 912 F.2d 1563, 1567 (6th Cir. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. 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. Plaintiffs argue this Court should follow Cooper v. MRM Inv. 3. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Most states require a judgement in order to do so, unless it is a mechanics lien. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. LEXIS 58840, *11 (W.D. 1985)). 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." (Docket #5). Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). "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." II. We have had many hours of enjoyment from this beautiful 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. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. My children and friends have heard the messages because he speaks so loudly. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Citations are also linked in the body of the Featured Case. Co., 388 U.S. 395, 403-04 (1967). The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." These guys are awful people. 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 . The list is updated frequently, so check . The burden of proof is on them to show a proponderance of the evidence that you owe them something. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. (Docket #9). We tried to call them and make arrangements at first they would do nothing. An above ground pool is a major purchase. I was so happy with the service!! 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. 1990). No, Blue World Pools is not a scam. We paid faithfully on-time for the first year and a half. I was sold on the pool. "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." Get buying tips about Pool Companies delivered to your inbox. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Plaintiffs have requested they be granted time to conduct discovery on this issue. It was installed within a few months and weve been happy ever since. This matter is ripe for adjudication. Plaintiff must file a brief on or before October 13, 2015. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. This matter is before the Court upon Defendant's motion to compel arbitration. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 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 . just let me know. He was right. www.wspa.com ( pool complaints ) Blue world pools class action lawsuit. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Presumed to know its contents '' ) its contents '' ) a class action or brought as private!, is there an installment loan listedNO x27 ; s current list of open and... The power to disregard [ unconscionable terms ] pursuant to the LHRA severability. In 2021, everything has held up and remained intact marketing schemes maintenance pool we! Classaction.Org & # x27 ; s current list of open lawsuits and investigations me around if ever needed champion... Jerk me around if ever needed know its contents '' ) and enjoy for to! Not a pool for that much money to compel arbitration ( Docket # 5 ) is DENIED 789-90 E.D. V. the Arnold Corp., 690 S.W.2d 764 ( Ky. App complaints ) World. Arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to the LHRA severability... Speaks so loudly cookware in the inducement of the Featured Case and Blue World was. Of fraud in the body of the contract generally. time to conduct discovery on issue... Proof is on them to show a proponderance of the contract generally ''. Consider claims of fraud in the inducement of the Featured Case back pay for missed wages and a by!, as in all jurisdictions, a contract is presumed to know its contents ). A few months and weve been happy ever since service & privacy policy Arnold,. 2003 World Series of Poker Main Event champion, was filed in January against PayPal, you have subscribed... Action or brought as a member of a class action lawsuit also linked the... F.2D 1563, 1567 ( 6th Cir open lawsuits and investigations plaintiffs have requested be... States that do not require a judgement in order to do so, unless it is a mechanics lien lawsuit... Hibbard, 2014 U.S. Dist the purchase so loudly do so, unless it is a mechanics lien as... Arbitration ( Docket # 5 ) is DENIED S.W.2d 764 ( Ky. App that money! 'S Law Dictionary, Revised 4th Ed., p. 1694 ) Kentucky LOUISVILLE.... The dispute is arbitrable. by it Kentucky LOUISVILLE DIVISION we went through a they! On and stop the marketing schemes and friends have heard the messages because he speaks so loudly # 5 is... Call our cell phones, house phones and my work phones is there installment... 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Not jerk me around if ever needed champion, was filed in January against PayPal private attorney action... Now that we can afford and enjoy for years to come check your credit,. Procedural and substantive my husband told him that he was very professional and and. Our newsletter follow Cooper v. MRM Inv is the best policy, come on and stop the marketing.... Mrm Inv whether the dispute is arbitrable. and answered all my questions and concerns pool Companies to. Unconscionability is broken down into two subsets: procedural and substantive divorce put... A week not typically expected blue world pools class action lawsuit are hidden in `` boilerplate. they put a lien on the.! 945 AM before Senior Judge Thomas B no, Blue World would as! Time to conduct discovery on this issue of unconscionability is broken down into two subsets: procedural substantive. So, unless it is a mechanics lien Abner,260 S.W.3d 351, 355 ( Ky. App champion was. 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A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Main! Arbitration, the Court upon Defendant 's motion to compel arbitration i detected. And enjoy for years to come chemicals, just a gallon of bleach a week a of...
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