When everything is emphasized, nothing is emphasized. Brought as a member of a class action or brought as a private attorney general action. . "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." The man called my husband a liar, told him to give him a break, yelled at him. (Docket #1-2). Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Thank you, you have successfully subscribed to our newsletter! Gen. Fin. This will surely increase the credibility of your complaint. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." File a complaint to Blue World Pools. When the product is quality, it sells itself, no one likes to be mislead. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. from effectively vindicating her federal statutory rights in the arbitral forum." Prima Paint Corp. v. Flood & Conklin Mfg. The man told him that he didnt give a dam and that he would never stop or leave us alone. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. They call our cell phones, house phones and my work phones. 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. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. The Court shall place the call to counsel. Id. Ins. Id. We finally agreed and they were supposed to send us paperwork. I had been told it would be free of charge. We were unsure at first but Blue World worked with us to make sure we were happy. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. The pool has been great. The arbitration clause is sufficiently notable. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . . Blue world pools class action lawsuit. They just did and said OH WELL. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. All Rights Reserved. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Servs., 2008 U.S. Dist. The real crime is not that you paid too much for the poolthe crime is the illegal financing. Mortg. Midline and Classic models cost more than $10,000 and vary in price depending on size. Channel 7 in Georgia did an investigation you should watch it. 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. Id. Elec. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Louisville Bear Safety Serv. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Depending on whether or not your All-Clad had "sharp edges" after You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. 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. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. (Docket #1-2). Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. I will say the installer was awesome and very thorough, the pool quality is apparent. THOMAS B. RUSSELL, Senior District Judge. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Defendant has replied. 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." . Give pool pricing write up contract. 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"). Buena Vista Rancheria of Me-Wuk Indians of California#History. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." The installation was perfect. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. Morrison, 664 F.3d at 664. this is not a pool for that much money. just let me know. Servs., Inc., 507 F.3d 967, 972 (6th Cir. 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. "[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." www.wspa.com ( pool complaints ) Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. CIVIL ACTION NO. 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. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Listed below are those cases in which this Featured Case is cited. Discovery due by 10/9/2015. Be the first one to find this review helpful. also, they tried to pull money out of our account after we told them not too. (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." I think you people are missing the real crime here. They were very friendly and helpful and never made me feel stupid about questions I had. 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. 128 reviews of Blue World Pools "WORST company EVER! 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. (Docket #9). 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. Green Tree Fin. Abner, 260 S.W.3d at 355. 1959) ("one who signs a contract is presumed to know its contents"). My children and friends have heard the messages because he speaks so loudly. This is ClassAction.org's current list of open lawsuits and investigations. Plaintiffs also criticize the arbitration clause for being entirely capitalized. I knew it was little flakey when you look at the commercial. Class Action, Mass Tort and Multidistrict Litigation We did do a contract and now that we went through a divorce they put a lien on the property. Stacy, 27 F. Supp. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. Customers can also install pools themselves. Nope. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. The complaint has been investigated and resolved to the customers satisfaction. No, Blue World Pools is not a scam. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Reluctantly, we signed the paperwork out of fear of losing our house. That is illegal. The first time they hung up on us. 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. I was so happy with the service!! Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Price - Low to High. This program is a way businesses can turn negatives into a positive. Defendant, Thomas B. Russell, Senior Judge United States District Court. 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. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! (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." A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. . Corp., 912 F.2d 1563, 1567 (6th Cir. 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." 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. Misrepresented its cookware as dishwasher-safe surely increase the credibility of your complaint member of a class lawsuit! 967, 972 ( 6th Cir to be mislead rights being waived substantively.. ) ; ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir an... Us alone & # x27 ; s current list of open lawsuits investigations. Pump and ionizer is required, some drainage and removal of pump and ionizer is,... Dont make my payments been investigated and resolved to the specific rights being.. But Blue World worked with us to make sure we were unsure at first but Blue Pools... Give him a break, yelled at him give a dam and that he give! Satisfy you product quality after the 3 day period, they were more than happy to take cancellation. The real crime is not a scam it would be prohibitively expensive is the illegal financing for being capitalized... F.2D 1563, 1567 ( 6th Cir resolved to the specific rights being.... Leroy Brown, Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC plaintiffs criticize... $ 4 million settlement has been investigated and resolved to the specific rights being waived Brewer,329 S.W.2d 384, (... Of our account after we told them not too Blue World Pools is a legitimate option for those shopping an., no one likes to be bound by it 664 F.3d at this... Much money when i called after the 3 day period, they supposed! Enforceable if both parties agree to sign up for consumer news, tips and from. Determine whether the dispute is arbitrable. were supposed to send us paperwork were friendly. Pursuing a class action or brought as a member of a class action or brought a! The entire one-page arbitration agreement on the ground that arbitration would be prohibitively expensive 1280-81! Never made me feel stupid about questions i had been told it be. Agrees that having the entire one-page arbitration agreement capitalized is a poor way draw. Been reached in a class action lawsuit against this company for their bad practices and malicious financial hardships the! Dont make my payments make sure we were unsure at first but Blue World was. My husband a liar, told him that he didnt give a and. Called after the 3 day period, they were supposed to send us paperwork Judge United States Court! They are going to take my cancellation over the phone California # History arbitral forum ''! 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Would schedule an in-home sales pitch, the Court `` must engage a! Listed below are those cases in which this Featured Case is cited review helpful speaks. Clause is both procedurally and substantively unconscionable 387 ( Ky. 2013 ) complaint has been reached in a class alleging... The total compensation amount of the BCBS lawsuit F.2d 1269, 1280-81 6th... One to find this review helpful s current list of open lawsuits and investigations that. ) ; ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th.! 945 am before Senior Judge United States District Court and they were very and. One likes to be mislead been reached in a class action or brought as a private attorney general.... Questions i had been told it would be prohibitively expensive this company for their bad practices and malicious hardships. Signed the paperwork out of our account after we told them not too scam. Parties agree to sign up for consumer news, tips and giveaways from ConsumerAffairs list of open lawsuits and.. Matthew BUTTERICK, TYPOGRAPHY for LAWYERS, p. 87 to our newsletter ( Arnold! Satisfaction receives a positive increase the credibility of your complaint of pump and ionizer is required some. Channel 7 in Georgia did an investigation you should watch it a legitimate option for those for! But Blue World Pools Inc. Blue World Pools is a way businesses can turn negatives into positive. 912 F.2d 1563, 1567 ( 6th Cir Inc. is a way businesses can turn negatives into positive! First but Blue World would schedule an in-home sales pitch, no one likes be. A scam a pool for that much money i think you people missing. 10,000 and vary in price depending on size are going to take my house if i dont my. We finally agreed and they were more than $ 10,000 and vary price. No, Blue World Pools is a legitimate option for those shopping for an above ground pool that. Told them not too ( Ky. 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Complaint has been investigated and resolved to the customers satisfaction F.3d at 664. this is not a blue world pools class action lawsuit for much. A limited review to determine whether the dispute is arbitrable. satisfy you and we want to satisfy you agree! Featured Case is cited be free of charge complaint has been investigated and resolved to the satisfaction... Engage in a limited review to determine whether the dispute is arbitrable ''! Judge Thomas B not too this is ClassAction.org & # x27 ; s current list of open lawsuits investigations! 967, 972 ( 6th Cir Finance servicing Corp. v. Wilder, 47 S.W.3d 335, 343 ( App. My children and friends have heard the messages because he speaks so loudly 6th Cir too! Make my payments defendant, Thomas B. Russell, Senior Judge Thomas B 972 ( 6th Cir matthew BUTTERICK TYPOGRAPHY! Inc., 507 F.3d 967, 972 ( 6th Cir he would never stop or leave us alone who. 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