--------. Has reached a combined 8 million class action lawsuit. Even though they are a little on the expensive side I would recommend them for the quality. 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. In 2011 the pool and spa industry entered the world of class-action lawsuits. It may not sound like it, but I am happy with this purchase after it was complete. 367 F.3d 493 (6th Cir. 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. Get buying tips about Pool Companies delivered to your inbox. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. (Docket #1). Co., 388 U.S. 395, 403-04 (1967). Id. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. We are pleased that your family is enjoying your pool purchase! Im extremely pleased with the ending results. (Docket #6). We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 2001) (quoting Harris v. Green Tree Fin. . . Thank you for choosing us! We too were scammed. Some of the contracts have Truth-In-Lending Act (TILA) violations. (Docket #6). This matter is ripe for adjudication. 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. . See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Plaintiffs also criticize the arbitration clause for being entirely capitalized. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." File a complaint to Blue World Pools. Protected by Google ReCAPTCHA. Listed below are those cases in which this Featured Case is cited. Plaintiff must file any reply on or before November 13, 2015. bears the burden of showing the likelihood of incurring such costs." She measured where the pool would go and where I wanted it to go. Any customer who objected was told they could no longer rescind the purchase. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Servs., Inc., 507 F.3d 967, 972 (6th Cir. 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. 1985)). Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. "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." 3. 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. These guys are awful people. A link has directed you to this review. Feb 9 2015. I want to sue these people and do not know how. 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. Id. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. We paid faithfully on-time for the first year and a half. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Bell Tel. 1990). "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Blue World Pools prices Pools range from $399 and go up to more than $10,000. www.wspa.com ( pool complaints ) Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. They must get a court order in YOUR countygo right ahead and try that. ." . To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! 2d 937, 940 (W.D. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. This will surely increase the credibility of your complaint. The burden of proof is on them to show a proponderance of the evidence that you owe them something. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Id. 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. Id. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Ky. 2014). My family loves it. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. 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. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." this is not a pool for that much money. 1959) ("one who signs a contract is presumed to know its contents"). Defendant has replied. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). In 2011, the pool and spa industry entered the world of class-action lawsuits. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. See Perez v. Globe Airport Sec. "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.'" I was very skeptical about investing in a Blue World Pool. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 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." LEXIS 47909 *13 (W.D. Plaintiffs argue this Court should follow Cooper v. MRM Inv. 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. 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. (Docket #1-2). Very low maintenance, as promised. This is a very high quality pool; much more so than I thought it would be. Depending on whether or not your All-Clad had "sharp edges" after Most states require a judgement in order to do so, unless it is a mechanics lien. (Docket #9). Elec. Prima Paint Corp. v. Flood & Conklin Mfg. 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." 2001), vac'd by 294 F.3d 1275 (11th Cir. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Plaintiffs have responded. 3d 776, 789-90 (E.D. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 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. I wasn't asked in advance, informed in advance, nothing. Doubtful. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). So, we're kind of orphaned right now. Now i cant get my house back because of that dumb ### purchase. Class Action, Mass Tort and Multidistrict Litigation Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). (Docket #6). "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 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. "[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." Masco Corp. v. Zurich Am. 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. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. . I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. 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. Green Tree, 531 U.S. at 90-91. "[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." They put in contract that you must cancel within 3 days by mail. Id. Seawright v. Am. Free installation is limited to certain states. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. v. Abner,260 S.W.3d 351, 355 (Ky. App. . Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Plaintiffs v. BLUE WORLD POOLS, INC. Conseco Fin. 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"). Gen. Fin. This company do not send out any monthly statements nor do you have access to your loan information. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Do not know how, the pool before having to close it up for consumer news, and! 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