Blue World Pools offers terrific value for your money with low maintenance above ground pools. . The "existence of large arbitration costs could preclude a litigant . We had to close the account. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. He never says that this is an attempt to collect a debt. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Id. 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 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. Be the first one to find this review helpful. All pool packages come with a manufacturer's warranty. The parties must complete discovery by October 9, 2015. (Docket #1-2). A rep came to the house and told us all the great things about this pool. Listed below are those cases in which this Featured Case is cited. My husband agreed. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). My family loves it. I highly recommend Blue World Pools. 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. She measured where the pool would go and where I wanted it to go. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. Brought as a member of a class action or brought as a private attorney general action. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Kentucky, Louisville Division. 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 Court shall place the call to counsel. 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. Louisville Bear Safety Serv. 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. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . "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.'" 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 . After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Masco Corp. v. Zurich Am. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. at 512.3. Our stability is a result of our long-term commitment to providing value for our customers. 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Financing options are available on Midline and Classic pool models. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Blue World Pools prices Pools range from $399 and go up to more than $10,000. 2008). Bell Tel. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. Plaintiff must file any reply on or before November 13, 2015. 2001), vac'd by 294 F.3d 1275 (11th Cir. The Court shall place the call to counsel. (Docket #6). The real crime is not that you paid too much for the poolthe crime is the illegal financing. File a complaint to Blue World Pools. It was installed in late August by a great crew. Very low maintenance, as promised. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Click the citation to see the full text of the cited case. 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. This will surely increase the credibility of your complaint. 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. Installation is included in the price and can be done in a matter of days. Midline and Classic models cost more than $10,000 and vary in price depending on size. 3d at 790. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Plaintiff must file any reply on or before November 13, 2015. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." I got a pool from them, and it isn't what they said it was. Gen. Fin. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. . Not as many as a regular pool, maybe, but chemicals anyway. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Prima Paint Corp. v. Flood & Conklin Mfg. Id. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. LEXIS 76486 *20-21 (E.D. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. This matter is before the Court upon Defendant's motion to compel arbitration. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 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. I wasn't asked in advance, informed in advance, nothing. ANDREW ROBERTS, et al., Plaintiffs, The intimidation tactics are laughable. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Any customer who objected was told they could no longer rescind the purchase. no loan agreement and you not acknowledging a debtforget it. The arbitration clause is sufficiently notable. That is illegal. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. You have to use algaecide, and other chemicals as well. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. v. Enjoy reading our tips and recommendations. My family was sccammed also with this pool. Id. The company delivers and installs above ground pools. 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." They call our cell phones, house phones and my work phones. Blue World Pools, Inc., No. - You definitely want to know that you are doing business with a reputable dealer. II. 1959) ("one who signs a contract is presumed to know its contents"). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. "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." 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. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Free installation is only available in specific states on customer-ready sites. 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. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Its a great investment for family enjoyment. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. 1985)). The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Please if anyone can help please let me know. We tried to call them and make arrangements at first they would do nothing. Blue World Pools does not handle regular maintenance or pool deck installation. Blue world pools class action lawsuit. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). When everything is emphasized, nothing is emphasized. If you need a pool I highly suggest Blue World Pools. "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." Ky. 2011). The interest rate ranged from 15% to 36%. Additional Time to Conduct Discovery. Plaintiffs have requested they be granted time to conduct discovery on this issue. (Docket #6). We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Ky. 2014). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. 2003). . 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint,388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. CIVIL ACTION NO. . The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. 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. 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. 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. (Docket #9). The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Denying 5 motion to compel arbitration ( Docket # 5 ) is DENIED Inc. casetext! ' argument that the arbitration agreement is ( I ) unconscionable will first discuss plaintiffs argument! Case appears even more restrictive, but that does not end the will! 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