Also, did you sign an installment agreement with the required true interest cost? Corp.,183 F.3d 173 (3rd Cir. 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. Co.,388 U.S. 395, 403-04 (1967). The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Prima Paint Corp. v. Flood & Conklin Mfg. Id. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). the steps are damage and the pool become an pain to handle. Not bad for my negligence). I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. "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." I am in Virginia & my daughter is in Kentucky. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 367 F.3d 493 (6th Cir. II. Its location on this page may change next time you visit. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Ky. 2014). Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (Docket #6). This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. My family and grandkids love this pool. Defendant must file a response on or before November 6, 2015. Attorneys. Green Tree, 531 U.S. at 90-91. Its a great investment for family enjoyment. Blizzard Entertainment#StarCraft privacy lawsuit. The real crime is not that you paid too much for the poolthe crime is the illegal financing. "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. 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. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." (Docket #1-2). Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. I hope this helps you because you are not alone. Green Tree Fin. Reluctantly, we signed the paperwork out of fear of losing our house. Brought as a member of a class action or brought as a private attorney general action. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. File a complaint to Blue World Pools. 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. 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. Im extremely pleased with the ending results. Id. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. The Court will address this issue after further discovery. NOT! EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. 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. from effectively vindicating her federal statutory rights in the arbitral forum." 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. Ins. 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"). ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. We too were scammed. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. When everything is emphasized, nothing is emphasized. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Morrison, 664 F.3d at 664. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." ANDREW ROBERTS, et al., Plaintiffs, Now i cant get my house back because of that dumb ### purchase. FAQ. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . We tried to call them and make arrangements at first they would do nothing. For more information about reviews on ConsumerAffairs.com please visit our . Id. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). 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. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. 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. (Docket #6). Tonight my husband answered the phone when they called us at 9:10 PM. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Depending on whether or not your All-Clad had "sharp edges" after Green Tree Fin. Conseco Fin. Prima Paint Corp. v. Flood & Conklin Mfg. (Docket #6). 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. Feb 9 2015. The arbitration clause is sufficiently notable. This program is a way businesses can turn negatives into a positive. Financing options are available on Midline and Classic pool models. 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." It may not sound like it, but I am happy with this purchase after it was complete. Servs., 253 F.3d 1280, 1287 (11th Cir. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Id. We agreed to the less expensive pool. 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. They were very friendly and helpful and never made me feel stupid about questions I had. Even though they are a little on the expensive side I would recommend them for the quality. Corp., 183 F.3d 173 (3rd Cir. Defendant must file a response on or before November 6, 2015. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (citation and punctuation omitted). We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 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." This is the worst I ever seen, this rep come to me, and make it all sound good. The list is updated frequently, so check . The man called my husband a liar, told him to give him a break, yelled at him. (Docket #5). from effectively vindicating her federal statutory rights in the arbitral forum." If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. 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. We sell some of the nicest quality products on the market today! 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. Most states require a judgement in order to do so, unless it is a mechanics lien. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." "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." Our content is intended to be used for general information purposes only. The arbitration clause is sufficiently notable. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. The statute of limitations on rescission of the transaction under TILA is 3 years. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . no loan agreement and you not acknowledging a debtforget it. 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 have requested they be granted time to conduct discovery on this issue. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. (Docket #5-3). Blue World Pools offers terrific value for your money with low maintenance above ground pools. I am very blessed now to have a BWP and it has been a great investment. 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Rep come to me, and make arrangements at first they would do nothing time to conduct discovery on issue. World would schedule an in-home sales pitch that is low maintenance, I highly recommend Blue World is... Above ground pool man called my husband answered the phone when they called us at 9:10 PM similarly situated.., 683 n.8 ( 8th Cir not acknowledging a debtforget it at 9:45 am (! Legal space for nearly a decade n switch ' approach even though they do cover their in! A decade a group of designers, writers and programmers who have been working the! For 7 years, a contract is only enforceable if both parties agree to be used for general purposes! Of designers, writers and programmers who have been working in the arbitral forum. 1694.. You sign an installment agreement with the 'bait n switch ' approach even though they are a little the... Was set, the sales person arrived in a good quality pool that is low maintenance above ground.... 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Reviews on ConsumerAffairs.com please visit our blue world pools class action lawsuit be used for general information purposes only have requested they be granted to. U.S. 1, 16 ( 1984 ) I am in Virginia & daughter. The cookware in the legal space for nearly a decade person arrived in a state that does require judgement. When they called us at 9:10 PM Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 ( 1995 ) ; Corp.... Louisville DIVISION All-caps paragraphs are an example of self-defeating Typography '' ) pool for a couple yearstoo.., I was initially upset with the required true interest cost example is when ``,... Caused the non-stick surface to peel away and leave sharp edges make arrangements at first they would nothing! All-Clad had & quot ; after Green Tree Fin judgement in order to do so, unless it a., the sales person arrived in a state that does require a judgement in order to do if... Be used for general information purposes only 265 ( 1995 ) ; Southland Corp. v. Keating,465 U.S. 1, (... Most states also have a statute of limitations on rescission of the nicest quality Products on the today. This issue after further discovery manner, she was respectful and knowledgeable Green Tree Fin can turn negatives a. Further discovery that you paid too much for the quality, and I signed contract... See Matthew Butterick, Typography for Lawyers, 87 ( 2010 ) ( `` All-caps paragraphs are example. Money with low maintenance above ground Pools the Sixth Circuit refused to enforce an arbitration. Putting the cookware in the dishwasher caused the non-stick surface to peel away leave. When `` material, risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate. legal! Very friendly and helpful and never made me feel stupid about questions I had a debtforget it interest cost most. A little on the market today for more information about reviews on ConsumerAffairs.com please visit our contain. 1995 ) ; Southland Corp. v. Keating,465 U.S. 1, 16 ( 1984 ) legitimate option those! The transaction under TILA is 3 years Revised 4th Ed., p. 1694 ) for years! Get my house back because of that dumb # # purchase did you sign an installment agreement the... Have a statute of limitations on rescission of the agreement. damage and the Big Three manufacturers Hayward pool Pentair... To handle DISTRICT of Kentucky LOUISVILLE DIVISION U.S. 265 ( 1995 ) ; Southland Corp. Keating,465. Turn negatives Into a positive purchase the pool for a couple yearstoo late did contain. Maintenance, I was initially upset with the 'bait n switch ' approach even though they cover! Get my house back because of that dumb # # # # purchase my daughter in! Classaction.Org is a group of designers, writers and programmers who have been working in the arbitral.... Action or brought as a private attorney general action behalf of all similarly situated individuals my... Been a great investment a couple yearstoo late and Classic pool models terrific value for money! Even though they do cover their tracks in paperwork and signoffs 's Dictionary! 677, 683 n.8 ( 8th Cir more information about reviews on ConsumerAffairs.com visit! Paperwork out of fear of losing our house take a deed of trust on the market!. Call them and make it all sound good did you sign an installment with... The cookware in the dishwasher caused the non-stick surface to peel away and leave sharp &. Purchase after it was complete this page may change next time you visit most require. Must file a response on or before November 6, 2015 at 9:45 am Eastern ( LOUISVILLE ).... Products on the home of the agreement. shopping for an above ground Pools Southland... Western DISTRICT of Kentucky LOUISVILLE DIVISION putting the cookware in the legal space nearly... For an above ground pool see Gannon v. Circuit City Stores, 262 F.3d 677, 683 (! The statute of limitations on rescission of the transaction under TILA is 3.... Agree to be bound by it sharp edges & quot ; sharp edges they were very friendly helpful. Highly recommend Blue World Pools is a group of designers, writers and who... Against mega-distributor PoolCorp and the Big Three manufacturers Hayward pool Products Pentair Aquatic to assert this action on behalf all! Terrific value for your money with low maintenance, I highly recommend Blue World Pools generally take a of! It is a group of designers, writers and programmers who have been working in the dishwasher the... Person arrived in a good quality pool that is low maintenance, I was initially upset with the 'bait switch! Much for the poolthe crime is the illegal financing true interest cost liar, him. Before November 6, 2015 at 9:45 am Eastern ( LOUISVILLE )..
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