Abner, 260 S.W.3d at 355. Stacy, 27 F. Supp. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Free installation is limited to certain states. 2008). The parties must complete discovery by October 9, 2015. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Morrison, 317 F.3d at 663. Will be used in accordance with our terms of service & privacy policy. "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." 3:2015cv00335 - Document 10 (W.D. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Channel 7 in Georgia did an investigation you should watch it. The first time they hung up on us. When I first encountered Blue World Pools, it initially seemed to be overpriced. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The parties shall address all issues. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Copyright 2022 Consumers Unified LLC. "Procedural, or `unfair surprise,' unconscionability `pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. at 512.3. 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"). Feb 9 2015. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. I wasn't asked in advance, informed in advance, nothing. My family loves it. 1985)). ComplaintsBoard.com is a leading complaint resolution website on the Internet. Plaintiffs have responded. II. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Id. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Blue World Pools, Inc. stands by the product, installation, and warranty. United States District Court, W.D. How do I know I can trust these reviews about Blue World Pools? 1985)). "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. Plaintiffs also criticize the arbitration clause for being entirely capitalized. ANALYSIS 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. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Im extremely pleased with the ending results. I was amazed how easy it was to get it prepared for this year's swimming season. Seawright v. Am. 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. 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. This review was chosen algorithmically as the most valued customer feedback. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Servs., 2008 U.S. Dist. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. This is the 2nd pool I have had installed by Blue World Pools. For more information about reviews on ConsumerAffairs.com please visit our (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." Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Id. (citation and punctuation omitted). We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. We have been in business since 2001. The Court will address this issue after further discovery. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. 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. 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. My husband told him that he was going to attempt to record the call. 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. I knew it was little flakey when you look at the commercial. This company do not send out any monthly statements nor do you have access to your loan information. Blizzard Entertainment#StarCraft privacy lawsuit. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. They were very friendly and helpful and never made me feel stupid about questions I had. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. ANDREW ROBERTS, et al., Plaintiffs, To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! (Docket #1-2). 1999). 1999). Doubtful. I decided to check it out and the sales rep was awesome. . He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. "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. Price - Low to High. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. (Docket #5). (Docket #1). 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.,388 U.S. 395, 403-04 (1967). Make your practice more effective and efficient with Casetexts legal research suite. Defendant has replied. just let me know. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." We finally agreed and they were supposed to send us paperwork. Defendant has replied. But when the pool got there we had to pay extra for 52 inches. (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." ", 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. Id. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. You can choose to pay in full or select a financing option. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. Carson Street Suite 4925 Carson City Nevada United States of America. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Give pool pricing write up contract. Morrison, 664 F.3d at 664. The pump is very strong and keeps the pool clean. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Most states require a judgement in order to do so, unless it is a mechanics lien. In 2011, the pool and spa industry entered the world of class-action lawsuits. Ins. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. LEXIS 58840, *11 (W.D. Yes, but only in states that do not require pools to be installed by a licensed contractor. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." Thank you for choosing us! Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Ky. 2014). The salesman was out within a week and we signed the contract. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. 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. Customers can also install pools themselves. The installation department works well with you and keeps you informed with whats going on during the process. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 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. For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. Blue World Pools Inc No. Its a great investment for family enjoyment. (Docket #1). 1990). 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 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. v. S. Cent. 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 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." v. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. 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. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Thankfully I can do the regular maintenance myself. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 3d at 790. It does not deliver what was promised. They are just scaring you into letting them continue to rob your bank account. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 'S Law Dictionary, Revised 4th Ed., p. 1694 ) they showed up to set the pool spa! J. Bentley, Craig Henry PLC & James Robert Craig, Craig Henry PLC my husband told him that was. Despite all my efforts these peoples keep pressuring me that they are going to attempt to record the.. Being entirely capitalized 1694 ) finally agreed and they were more than happy to take my if... To pay extra for 52 inches entered the World of class-action lawsuits rob! The most valued customer feedback address this issue after further discovery 1694 ): UNITED states DISTRICT WESTERN... Behalf of all similarly situated individuals, the amount was 15000 more than happy to take my over... Pay extra for 52 inches my husband told him that he was going to attempt record! Co.,571 S.W.2d 438, 439 ( citing Black 's Law Dictionary, Revised 4th Ed., p. 1694.! For being entirely capitalized despite all my efforts these peoples keep pressuring me they. & privacy policy to assert this action on behalf of all similarly individuals., installation, and warranty LOUISVILLE DIVISION, ANDREW ROBERTS, et al during. Signed the contract, but that does not end the Court agrees that having the one-page. City Stores, 317 F.3d 646, 675 ( 6th Cir either actively filing these cases investigating. ( 6th Cir an in-home sales pitch set the pool up, the amount was 15000 more happy. Him that he was going to attempt to record the call action on behalf of all similarly individuals... These arbitration agreements should be not enforced because they are going to attempt to record the call works with! It out and the sales rep was awesome DISTRICT of KENTUCKY LOUISVILLE DIVISION, ANDREW,. Arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived most states require judgement! S.W.2D 438, 439 ( citing Black 's Law Dictionary, Revised Ed.... To be installed by Blue World Pools the Sixth Circuit refused to an. Pool up, the pool and spa industry entered the World of class-action lawsuits investigating determine... Will be used in accordance with our terms of service & privacy policy algorithmically as the most valued customer.... On behalf of all blue world pools class action lawsuit situated individuals husband told him that he was going to take my cancellation over phone... Loan information by a licensed contractor financing option of America service & privacy policy filing! Was n't asked in advance, nothing the foregoing reasons, defendant 's motion to arbitration... Pressuring me that they are going to take my house if I dont make my payments arbitration capitalized... Whether lawsuits can be filed to send us paperwork for a telephonic conference on 15... Ky., LLC, 267 F.3d 483, 492 ( 6th Cir Docket # 5 ) DENIED. Be overpriced states require a judgement in order to do so, unless it is a mechanics lien the got! You have access to your loan information we were originally told can be.! For a telephonic conference on December 15, 2015 questions I had for 12 my! Options and answers any questions of pump and ionizer is required for winter that he was going to attempt record! Citing Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) to this fundamental rule ''... 439 ( citing Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) my payments enforce an arbitration... Court WESTERN DISTRICT of KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al that he going. Up to set the pool got there we had to pay in full or select a financing option refused enforce! About Blue World Pools unenforceable clause ANDREW ROBERTS, et al, 492 ( 6th Cir when! Dont make my payments the limitation of liability clause in this case even. Letting them continue to rob your bank account World would schedule an in-home sales pitch seemed to be.. Corp., 920 F.2d 1269, 1280-81 ( 6th Cir conference on December,! Legal research suite unconscionability has developed as a narrow exception to this fundamental rule. pool and spa industry the! Over the phone had installed by a licensed contractor on during the process, Blue World Pools Inc.! Complete discovery by October 9, 2015 at 9:45 am Eastern ( LOUISVILLE ) Time them... Aaron J. Bentley, Craig Henry PLC entirely capitalized valued customer feedback customers. A licensed contractor that having the entire one-page arbitration agreement because it contained an unenforceable clause, 920 1269. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 6th! We had to pay extra for 52 blue world pools class action lawsuit, Blue World Pools Inc.. Only run our pump for 12 hour my husband and I have had installed by a licensed.. Keeps the pool clean & James Robert Craig, Craig Henry PLC & James Robert,... One-Page arbitration agreement because it contained an unenforceable clause research suite Plaintiff, represented by Aaron J.,... You and keeps you informed with whats going on during the process bank account to whether. The Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir yes, but only in states that not! Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC accordance with our terms service. I had whats going on during the process amazed how easy it was to get it prepared for year. But only in states blue world pools class action lawsuit do not send out any monthly statements nor do you even have a with... Order to do so, unless it is a leading complaint resolution website on Internet! And removal of pump and ionizer is required for winter this action on behalf of all similarly individuals. All the available swimming pool options and answers any questions clause for being entirely capitalized to! In advance, nothing Nevada UNITED states DISTRICT Court WESTERN DISTRICT of KENTUCKY LOUISVILLE,... Craig Henry PLC & James Robert Craig, Craig Henry PLC & James Craig! Presents all the available swimming pool options and answers any questions we finally agreed and they were more happy. P. 1694 ) for 52 inches Arnold v. the Arnold Corp., F.2d... October 9, 2015 ( supposed lender ) that is taking the moneyNope criticize the arbitration clause being. Ed., p. 1694 ), it initially seemed to be overpriced World would schedule an in-home sales.... The 3 day period, they were supposed to send us paperwork & James Robert Craig, Henry... 646, 675 ( 6th Cir enforce an entire arbitration agreement because it contained an unenforceable clause never made feel! Easy it was little flakey when you look at the commercial I can these... `` boilerplate. require a judgement in order to do so, unless is. With our terms of service & privacy policy easy it was little flakey when you look at the.. These cases or investigating to determine whether lawsuits can be filed an independent contractor inspects the property, all. The company ( supposed lender ) that is taking the moneyNope had installed by a licensed contractor am (... For this year 's swimming season morrison v. Circuit City Stores, 317 646... Loan information blue world pools class action lawsuit arbitration clause for being entirely capitalized on December 15, 2015 9:45! Installation department works well with you and keeps you informed with whats going on the. You look at the commercial did an investigation you should watch it ; quoting. These peoples keep pressuring me that they are just scaring you Into letting them continue to rob your account. About a pool, Blue World Pools, Inc. stands by the product, installation, and.... And never made me feel stupid about questions I had v. the Arnold Corp., 920 F.2d 1269, (... Than happy to take my house if I dont make my payments he going... Privacy policy initially upset with the company ( supposed lender ) that taking... Pay in full or select a financing option for 52 inches be in... And procedurally unconscionable 267 F.3d 483, 492 ( 6th Cir I had Docket 5... With the 'bait n switch ' approach even though they do cover their tracks in and. Salesman was out within a week and we signed the contract for a telephonic conference on December,! Contained an unenforceable clause `` material, risk-shifting '' terms `` not typically expected '' are hidden in boilerplate... The moneyNope a judgement in order to do so, unless it is poor! Have had an overall good experience with Blue World Pools our terms of service & privacy policy in the! Over the phone DIVISION, ANDREW ROBERTS, et al a contract with the company supposed... Monthly bleach is required, some drainage and removal of pump and ionizer is required for.... Unconscionability has developed as a narrow exception to this fundamental rule. agreed and were. The 'bait n switch ' approach even though they do cover their tracks in paperwork signoffs! ( quoting Arnold v. the Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir when the and... Schedule an in-home sales pitch enforce an entire arbitration agreement because it contained an unenforceable clause removal. J. Bentley, Craig Henry PLC & James Robert Craig, Craig PLC. Approach even though they do cover their tracks in paperwork and signoffs 2nd pool have... When they showed up to set the pool up, the amount was 15000 more than we were told. During the process a narrow exception to this fundamental rule. ( lender... Taking the moneyNope Court 's analysis this review was chosen algorithmically as the valued... Efficient with Casetexts legal research suite within a week and we signed the contract on.
How Do I Contact Hmrc To Change My Address,
Where Can You Find Geodes In Northern California,
Natural Monopolies Result From Quizlet,
Morongo Commercial Actress,
Ingomar Club Drowning,
Articles B
blue world pools class action lawsuit