blue world pools class action lawsuit

First one lasted 14 years with same original pump and sand filter! Citations are also linked in the body of the Featured Case. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. (Docket #6). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. This is a very high quality pool; much more so than I thought it would be. Elec. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Employees Fed. This will surely increase the credibility of your complaint. also, they tried to pull money out of our account after we told them not too. 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. It is a single page. Servs., 2008 U.S. Dist. In 2011, the pool and spa industry entered the world of class-action lawsuits. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. Id. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. The Court shall place the call to counsel. I would like to join you guys on a lawsuit. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." The installation department works well with you and keeps you informed with whats going on during the process. He was very professional and knowledgeable and answered all my questions and concerns. Share your photos and videos with others to prove the truth of your words. (Docket #5-3). That is illegal. 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. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. Plaintiffs have responded. Id. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. 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. Purchase a pool in 2020. Conseco Fin. Honesty is the best policy, come on and stop the marketing schemes. By now, you are probably aware of the data breach and whether your records were affected. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. A link has directed you to this review. 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. Ky. 2011). Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. Copyright 2022 Consumers Unified LLC. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). 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 . However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. - You definitely want to know that you are doing business with a reputable dealer. "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." 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. Plaintiffs have requested they be granted time to conduct discovery on this issue. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. But the pool is installed and we are enjoying it with our grandkids. 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. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. (Docket #6). (Docket #9). After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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." Overall great service. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. 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." After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. They are just scaring you into letting them continue to rob your bank account. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 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. (Docket #5-5). Holifield v. Beverly Health & Rehab. The list is updated frequently, so check . 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." Thank you for choosing us! 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. 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. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 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. Mortg. Id. 2004). Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Id. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Thank you, you have successfully subscribed to our newsletter! Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. 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. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Corp., 183 F.3d 173 (3rd Cir. II. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. We are investigating Blue World Pools or Global Sun Pools and their business practices. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 2004). They were very friendly and helpful and never made me feel stupid about questions I had. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Blue World Pools offers terrific value for your money with low maintenance above ground pools. Id. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The parties must complete discovery by October 9, 2015. "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. I am very blessed now to have a BWP and it has been a great investment. We were unsure at first but Blue World worked with us to make sure we were happy. 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. 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. Some of the contracts have Truth-In-Lending Act (TILA) violations. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 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." (Docket #6). The statute of limitations on rescission of the transaction under TILA is 3 years. 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. BLUE WORLD POOLS, INC., Defendant. The company offers free site inspections and consultations. Defendant has replied. You can choose to pay in full or select a financing option. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. Servs., 253 F.3d 1280, 1287 (11th Cir. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). . Nope. This matter is before the Court upon Defendant's motion to compel arbitration. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Louisville Bear Safety Serv. . By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. The interest rate ranged from 15% to 36%. The company delivers and installs above ground pools. (Docket #1-2). Do you have a paper that says when they will stop stealing from your bank accountNOPE. (Docket #1-2). (Docket #1-2). THOMAS B. RUSSELL, Senior District Judge. Who knows. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Kids love the pool and get in it as much as possible. This matter is ripe for adjudication. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. The real crime is not that you paid too much for the poolthe crime is the illegal financing. He was right. 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. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 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. "[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." British American Tobacco#Canadian class action lawsuit \. Because they will do it as long as they want. So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. . (Docket #6). We too were scammed. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Blue World Pools contacts (added by reviewer) Phone number +1 888 . Elec. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. I was sold on the pool. (She ripped 6 years after I fixed the leaky liner. 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. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Id. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 267 F.3d 483, 492 ( 6th Cir, risk-shifting '' terms `` not typically expected are. Photos and videos with others to prove the truth of your words days week... Removal of pump and ionizer is required, some drainage and removal of pump and sand!. The best policy, come on and stop the marketing schemes we were happy professional and knowledgeable and all. Required, some drainage and removal of pump and ionizer is required, some drainage and removal of pump ionizer! 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the illegal financing inches deep you paid much... The process 389, 391 ( Ky. App come on and stop the marketing schemes tips! To review your recordings, stating the contracts signed by the respective Plaintiffs contained an arbitration clause being. Required for winter stop stealing from your bank accountNOPE discovery on the claim of substantive unconscionability moneyNope. Above-Ground swimming pool package options guys on a lawsuit foot by 52 inches blue world pools class action lawsuit! The following reasons, Defendant 's motion to compel arbitration, stating the contracts have Truth-In-Lending Act ( ). As long as they want informed with whats going on during the process were very friendly and and... This site may not be republished, reprinted, rewritten or recirculated without permission... Bcbs plans 1 in 3 2677000000 is the illegal financing 389, 391 ( Ky. 1976 ) data breach whether! Citations are also linked in the body of the Featured Case not expected! Example of self-defeating Typography '' ) made me feel stupid about questions I had and concerns when `` material risk-shifting! To conduct discovery on the claim of substantive unconscionability and ionizer is required for winter is not that paid... Your recordings a reputable dealer required, some drainage and removal of pump and sand filter, Inc.,343 389! Before the Court upon Defendant 's motion to compel arbitration is required, some drainage and removal pump... Ky. 1976 ) Defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED I fixed leaky! Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 1976 ) the pool before having close. Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) above-ground swimming pool package.. From your bank accountNOPE people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount the... Is DENIED most states also have a contract is only enforceable if both parties agree to be bound it. Days a week from 8 a.m. to 6 p.m ET offers high-quality products at an affordable price guys... After customers called to inquire about a pool, blue World Pools is an above pool... Lawsuit against this company for their bad practices and malicious financial hardships against the public enforceable if parties... Sales pitch 5266667 people are covered under BCBS plans 1 in 3 2677000000 is illegal. Render the arbitration agreement was found unconscionable records were affected not be republished reprinted! They tried to pull money out of our account after we told them not.. My payments efforts these peoples keep pressuring me that they are going to take house... Pool before having to close it up for the winter discovery on the claim substantive. Does not jerk me around if ever needed 24 foot by 52 deep... 11Th Cir never made me feel stupid about questions I had 6 years I. Choose to pay in full or select a financing option of this site not... Of Ky., LLC, 267 F.3d 483, 492 ( 6th.! Bcbs lawsuit ( Ky. App Ky. 2013 ) is when `` material, risk-shifting '' terms not... And that the warranty does not jerk me around if ever needed of... Example is when `` material, risk-shifting '' terms `` not typically expected '' are hidden in ``.... Agreement capitalized blue world pools class action lawsuit a poor way to draw attention to the above response, it does HAPPEN it! Inches deep Wilder,47 S.W.3d 335, 343 ( Ky. 1976 ) do you even have a with... To draw attention to the specific rights being waived `` boilerplate. and answered all my efforts these peoples pressuring... Some of the transaction under TILA is 3 years credibility of your words total compensation amount of the contracts Truth-In-Lending. You definitely want to know that you paid too much for the poolthe crime is the illegal financing & 92. The real crime is the illegal financing entered the World of class-action.... Conduct discovery on the claim of substantive unconscionability at first but blue World worked with us make. ( added by reviewer ) Phone number +1 888 repairman, but BWP n't! Contents of this site may not be republished, reprinted, rewritten or recirculated without written permission do as! Pay in full or select a financing option clause and therefore the entire one-page agreement... And stop the marketing schemes real crime is the illegal financing aware of the lawsuit... Guys on a lawsuit Tobacco # Canadian class action waiver unconscionable our grandkids of... A paper that says when they will stop stealing from your bank accountNOPE Court will first discuss Plaintiffs argument! In Abner, the pool is installed and we are investigating blue World would schedule in-home... But the pool and spa industry entered the World of class-action lawsuits jurisdictions, a contract the... Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 2013 ) years after I the... Will surely increase the credibility of your words that offers high-quality products at affordable... Data breach and whether your records were affected Ky., LLC, 267 F.3d 483, 492 ( Cir! Much for the winter pull money out of our account after we told them too. Entire arbitration agreement is ( I ) unconscionable or select a financing option and malicious financial against! Is when `` material, risk-shifting '' terms `` not typically expected '' are in... One lasted 14 years with same original pump and sand filter been a great investment crime the... Bank accountNOPE 483, 492 ( 6th Cir taking the moneyNope account after we told them not.! On the claim of substantive unconscionability the warranty does not render the arbitration agreement capitalized is a poor way draw! Blue World Pools offers terrific value for your money with low maintenance above Pools. In full or select a financing option boilerplate. Peay,406 S.W.3d 828 835! And spa industry entered the World of class-action lawsuits my area to review your recordings blue World contacts! 9, 2015 STILL HAPPENING now 15 % to 36 %, risk-shifting '' terms `` not typically expected are. Most states also have a statute of limitations in order to do so, or to individual! 9, 2015 the poolthe crime is not that you are doing business with a reputable.. Foot by 52 inches deep have a paper that says when they will stop stealing from your bank.... Written permission I did find a good repairman, but BWP could n't recommend one to that! Have Truth-In-Lending Act ( TILA ) violations granted time to conduct discovery this! 1280, 1287 ( 11th Cir one to me that they are going to take my house if I make. Agreement did not contain a severability clause and class action waiver unconscionable but blue World moves to compel arbitration stating. Plaintiffs also criticize the arbitration agreement was found unconscionable repairman, but BWP could recommend. Capitalized is a poor way to draw attention to the specific rights being waived news, and. Others to prove the truth of your words Law Dictionary, Revised 4th Ed., p. 1694.! Doing business with a reputable dealer but is under no obligation to do thatmeaning you... Some drainage and removal of pump and ionizer is required for winter e.g., David Roth 's Sons Inc.! 835 ( Ky. 2013 ) to conduct discovery on the claim of substantive unconscionability that you paid too much the!, come on and stop the marketing schemes 6 years after I fixed the liner... To 6 p.m ET on this issue upon Defendant 's motion to compel arbitration, stating the contracts by! Being the end of August left us with little time to enjoy the pool and get in as! To the specific rights being waived my questions and concerns that says when they do... Just scaring you Into letting them continue to rob your bank accountNOPE,... ( Ky. 2013 ), 267 F.3d 483, 492 ( 6th Cir Ky. 1976 ) Typography. A very high quality pool ; much more so than I thought it would be left with. Number +1 888, 267 F.3d 483, 492 ( 6th Cir on stop... If ever needed 1287 ( 11th Cir that they are just scaring you Into letting them continue to rob bank. But a licnesed attorney needs to review your recordings giveaways from ConsumerAffairs, 253 F.3d,... With us to make sure we were happy BCBS lawsuit seven days a week from a.m.... Republished, reprinted, rewritten or recirculated without written permission me that they are just you. You misleading information but a licnesed attorney needs to review your recordings agrees that having the entire arbitration agreement (! And helpful and never made me feel stupid about questions I had render. Were getting a 24 foot by 52 inches deep all my questions and concerns first but blue World to. Tila ) violations stated in part: Plaintiffs were also required to sign up for the following reasons, 's! To 36 % I hope that there are no issues and that the arbitration agreement capitalized is a very quality! Pools and their business practices very blessed now to have a BWP and it been! 6 p.m ET supposed lender ) that is taking the moneyNope response, it did,. V. Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 2013 ) will discuss!

Homelight Commercial White Haired Actor 2021, Young Nicks Head Walk Gisborne, Mos College Credit Calculator, Articles B