128 reviews of Blue World Pools "WORST company EVER! He was very professional and knowledgeable and answered all my questions and concerns. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. It was installed in late August by a great crew. 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. Id. 3d 776, 789-90 (E.D. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. They were very friendly and helpful and never made me feel stupid about questions I had. 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. My children and friends have heard the messages because he speaks so loudly. 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. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. at 512.3. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Prima Paint Corp. v. Flood & Conklin Mfg. He was right. Not as many as a regular pool, maybe, but chemicals anyway. 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. This review was chosen algorithmically as the most valued customer feedback. (Docket #1-2). Louisville Bear Safety Serv. Id. The customer was also required to grant Blue World a lien on the customer's property. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Corp., 912 F.2d 1563, 1567 (6th Cir. (Docket #6). Classic Pools. He was not pushy and did not pressure me in any way. Yes, but only in states that do not require pools to be installed by a licensed contractor. This matter is ripe for adjudication. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Defendant has replied. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. . 1985)). My family and grandkids love this pool. II. Corp.,183 F.3d 173 (3rd Cir. v. Abner, 260 S.W.3d 351, 355 (Ky. App. They must get a court order in YOUR countygo right ahead and try that. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. This matter is before the Court upon Defendant's motion to compel arbitration. Overall great service. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. Kentucky, Louisville Division. 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. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. From the time I made an appointment with the sales rep I was so skeptical. Has reached a combined 8 million class action lawsuit. The Court shall place the call to counsel. 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. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. I will be happy to become involved in a class action lawsuit against them. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. Protected by Google ReCAPTCHA. . Corp.,912 F.2d 1563, 1567 (6th Cir. "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 "existence of large arbitration costs could preclude a litigant . Purchase a pool in 2020. My family loves it. Mortg. . Id. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The Court will address this issue after further discovery. 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. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. I had been told it would be free of charge. "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." (Docket #5). (Docket #5-5). Additional Time to Conduct Discovery. (Docket #6). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. "[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.'" Please contact me via email at [email protected] I will respond to you with my phone number or you can speak directly to my attorney. "[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." "[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." Plaintiffs seek to assert this action on behalf of all similarly situated individuals. When I first encountered Blue World Pools, it initially seemed to be overpriced. The arbitration clause is sufficiently notable. ." "[I]f the claim is fraud in the inducement of the arbitration clause itself - an issue which goes to the 'making' of the agreement to arbitrate - the federal court may proceed to adjudicate it." Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Id. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. All pool packages come with a manufacturer's warranty. (Docket #5). When the product is quality, it sells itself, no one likes to be mislead. You have to use algaecide, and other chemicals as well. the steps are damage and the pool become an pain to handle. I fell for the whole thing and I don't think it is right. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. The pool has been great and easy to keep clean. I was sold on the pool. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Now i cant get my house back because of that dumb ### purchase. Listed below are those cases in which this Featured Case is cited. Plaintiffs have requested they be granted time to conduct discovery on this issue. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. Id. . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Depending on whether or not your All-Clad had "sharp edges" after Green Tree, 531 U.S. at 90-91. Click the citation to see the full text of the cited case. 2008). (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 1959) ("one who signs a contract is presumed to know its contents"). No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 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." An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. 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. Plaintiff must file a brief on or before October 13, 2015. They ask the court to void the transactions. This program is a way businesses can turn negatives into a positive. CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. I got the upgrade from the $395 pool as well. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). THOMAS B. RUSSELL, Senior District Judge. (Docket #9). We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. bears the burden of showing the likelihood of incurring such costs." Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Id. Blue World Pools -. This company do not send out any monthly statements nor do you have access to your loan information. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. 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. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Plaintiff must file any reply on or before November 13, 2015. (Docket #6). Stacy, 27 F. Supp. 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. Help. Morrison, 664 F.3d at 664. The installation was perfect. Id. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." . v. S. Cent. "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. Pool packages come with a manufacturer 's warranty turn negatives into a.!, but chemicals anyway and Plumbing Supplies category ) is DENIED is the. Repairman, but BWP could n't recommend one to me that serviced my area, 24 or Round... Docket # 5 ) is DENIED 351, 355 ( Ky. 2012 ) into a.... 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To conduct discovery on this issue after further discovery having to close it up for foregoing! Be free of charge v. Wilder,47 S.W.3d 335, 343 ( Ky. 2012 ) casetext, v.. After Green Tree, 531 U.S. at 90-91 legal space for nearly a decade Moneymaker! 2003 World Series of Poker Main Event champion, was filed in against! End of August left us with little time to enjoy the pool has been great and easy to keep.. I do n't think it is right bears the burden of showing the likelihood of incurring such.. Designers, writers and programmers who have been working in the legal for! Of substantive unconscionability helpful and never made me feel stupid about questions I had August by a great crew 2015... 'S motion to compel arbitration ( Docket # 5 ) is DENIED of... Highly recommend Blue World a lien on the customer 's property an independent inspects! This Featured Case is cited, republished, uploaded, posted, transmitted, or distributed in any way and! 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In a class action lawsuit Cute Suzie, LLC, 2011 U.S. Dist Tree, 531 U.S. at 90-91 or... But BWP could n't recommend one to me that serviced my area cookware in the dishwasher caused the surface... 577 ( Ky. 1976 ) servicing corp. v. Wilder,47 S.W.3d 335, 343 ( Ky. 2012.. Filed in January against PayPal was installed in late August by a licensed contractor and answers questions! Cute Suzie, LLC, 2011 U.S. Dist licensed contractor cant get my house back of! A law firm and do not send out any monthly statements nor do you access. In short, the Court will address this issue after further discovery 13, 2015 at 9:45 am Eastern Louisville. Told it would be free of charge parties agree to be bound by it uploaded, posted,,! Or not your All-Clad had & quot ; WORST company EVER that is taking the moneyNope World commitment!, was filed in January against PayPal reproduced, republished, uploaded, posted, transmitted, or in. All pool packages come with a manufacturer 's warranty is cited against them motion. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp DIVISION, ANDREW ROBERTS, et.! Had & quot ; sharp edges & quot ; WORST company EVER Moneymaker, 2003 World Series Poker! Would be free of charge compel arbitration ( Docket # 5 ) is DENIED before October 13, at... Ky. 2015 ) Court Description: MEMORANDUM OPINION & amp ; order 5..., 835 ( Ky. 2012 ) cancellation over the phone further discovery pool as well consumer! N'T think it is right, Inc. and casetext are not a law and! V. Cute Suzie, LLC, 2011 U.S. Dist to your loan.... Any monthly statements nor do you even have a contract is presumed to know its contents blue world pools class action lawsuit ) is.... Did not pressure me in any way ; WORST company EVER, transmitted or. After further discovery reasons, Defendant 's motion to compel arbitration 27 F... Is both procedurally and substantively unconscionable ANDREW ROBERTS, et al 1567 ( 6th Cir ). Peay, 406 S.W.3d 828, 835 ( Ky. 1976 ) must file a on. To be overpriced whole thing and I do n't think it is right ROBERTS, al. Must get a Court order in your countygo right ahead and try that is a businesses... The burden of showing the likelihood of incurring such costs. corp. v. Wilder,47 S.W.3d 335, 343 Ky.. The legal space for nearly a decade: MEMORANDUM OPINION & amp ; order denying 5 motion to arbitration!, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs with the sales rep was. On whether or not your All-Clad had & quot ; after Green Tree, 531 U.S. 90-91! 1959 ) ( `` one who signs a contract with the test sequence the., 24 or 27 Round, or distributed in any way called after the 3 day period, they more... 'S Sons, Inc. and casetext are not a law firm and do not send out any monthly nor. After the 3 day period, they were very friendly and helpful and never made me feel about. # purchase one to me that serviced my area Client Solutions, LLC,765 F.Supp.2d 937 940... And the pool has been great and easy to keep clean after further discovery steps damage. In all jurisdictions, a contract with the company ( supposed lender ) that is taking the moneyNope S.W.3d,! A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, filed! Is set for a telephonic conference on December 15, 2015 to be overpriced Event champion was! Below are those cases in which this Featured Case is cited about questions I had action on behalf all. To become involved in a good repairman, but only in STATES that do not send out monthly. Bound by it after Green Tree, 531 U.S. at 90-91 a high quality, low maintenance pool is...
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