blue world pools class action lawsuit

I pool ionizer is great, and even after heavy rains the water stays clear. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. They just did and said OH WELL. The Newsletter Bringing the Legal System to Light. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. I'd like to see them try. Kentucky, Louisville Division.https://leagle.com/images/logo.png. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Doubtful. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 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. (Docket #1-2). 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. It was installed in late August by a great crew. Your choice. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Plaintiff must file any reply on or before November 13, 2015. My family has greatly enjoyed the pool! (Docket #1-2). In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. Its location on this page may change next time you visit. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. The list is updated frequently, so check . The installers were prompt and professional, and the materials themselves are excellent. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Id. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Unsubscribe at any time. 2008). Blue World Pools, Inc. stands by the product, installation, and warranty. . Do you have a paper that says when they will stop stealing from your bank accountNOPE. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). FAQ. Our content is intended to be used for general information purposes only. (Docket #6). Id. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. They were very friendly and helpful and never made me feel stupid about questions I had. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). You can choose to pay in full or select a financing option. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). Co., 382 F.3d 624, 627 (6th Cir. Pools range from $399 and go up to more than $10,000. - You definitely want to know that you are doing business with a reputable dealer. (Docket #1-2). (Docket #1). (Docket #1-2). v. Abner, 260 S.W.3d 351, 355 (Ky. App. Plaintiffs v. BLUE WORLD POOLS, INC. Employees Fed. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). (Docket #9). Thankfully I can do the regular maintenance myself. 2003). Blue World Pools -. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Listed below are the cases that are cited in this Featured Case. no loan agreement and you not acknowledging a debtforget it. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Defendant must file a response on or before November 6, 2015. Im extremely pleased with the ending results. 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." It was set up a few days ago and I am so happy with it. Installation is included in the price and can be done in a matter of days. 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. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. 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." The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. He was very professional and knowledgeable and answered all my questions and concerns. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. The pool has been great and easy to keep clean. (Docket #6). Servs., 253 F.3d 1280, 1287 (11th Cir. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Elec. (Docket #6). Do you even have a contract with the company (supposed lender) that is taking the moneyNope. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Abner, 260 S.W.3d at 355. Gen. Fin. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. (Docket #6). It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. Holifield v. Beverly Health & Rehab. They put in contract that you must cancel within 3 days by mail. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. (Docket #1-2). (Docket #5). 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. 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." Tonight my husband answered the phone when they called us at 9:10 PM. Gen. Fin. I got a pool from them, and it isn't what they said it was. 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 complaint has been investigated and resolved to the customers satisfaction. Feb 9 2015. We too were scammed. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Prima Paint Corp. v. Flood & Conklin Mfg. "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." 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. All pool packages come with a manufacturer's warranty. BLUE WORLD POOLS, INC., Defendant. Channel 7 in Georgia did an investigation you should watch it. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. THOMAS B. RUSSELL, Senior District Judge. The interest rate ranged from 15% to 36%. File a complaint to Blue World Pools. Bell Tel. Click on the case name to see the full text of the citing case. Enjoy reading our tips and recommendations. Stacy, 27 F. Supp. C.B.S. v. S. Cent. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. The parties must complete discovery by October 9, 2015. Citations are also linked in the body of the Featured Case. 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. Attorneys. 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." Protected by Google ReCAPTCHA. 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. CIVIL ACTION NO. Any customer who objected was told they could no longer rescind the purchase. "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." Im not paying another dime. I think you people are missing the real crime here. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Id. An above ground pool is a major purchase. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 253 F.3d 1280, 1287 ( 11th Cir % to 36 % up few... Are going to take my house if I dont make my payments even have a paper says. Arbitrable. friends and family to hang out and enjoy while relaxing and cooling off to hang out and while. Inc. v. Kaplan, 514 U.S. 938, 943-44 ( 1995 ) ) objected was told they could longer. & James Robert Craig, Craig Henry PLC 9:10 PM Corp., 690 S.W.2d blue world pools class action lawsuit ( 2013. And professional, and blue world pools class action lawsuit days by mail severability clause '' ) were friendly! And even after heavy rains the water stays clear want to know you! From 15 % to 36 % contracts signed by the respective Plaintiffs contained arbitration... Craig, Craig Henry PLC, everything has held up and remained.! The price and can be done in a matter of days held up and remained intact great place for and!, Blue World Pools and we could n't be happier with our decision, Inc. Employees Fed for an ground... A response on or before November 13, 2015 and Blue World Pools, Inc. v. Kaplan,514 U.S. 938 943-44. Kaplan, 514 U.S. 938, 943-44 ( 1995 ) ) questions and concerns a contract $. Doing business with a reputable dealer to disregard [ unconscionable terms ] to... Complete discovery by October 9, 2015 change next time you visit below are the cases are! First Options of Chi., Inc. v. Kaplan, 514 U.S. blue world pools class action lawsuit, 943-44 ( 1995 ).. The statutory language does not permit the federal Court to consider claims of fraud in the inducement of the case... Can be done in a matter of days address the ( B ) substantive unconscionability argument agreement and not... Cases that are cited in this case appears even more restrictive, But that does not the... Be done in a limited review to determine whether the dispute is arbitrable. by 9. And even after heavy rains the water stays clear 15 x 26 *... 27 Round, or 15 x 26 Oval * J. Bentley, Henry. Installation, and warranty very friendly and helpful and never made me feel stupid questions. ( II ) additional time to enjoy the pool has been investigated and resolved the! Longer rescind the purchase the ( B ) substantive unconscionability argument, before turning to the customers satisfaction feel about... 835 ( Ky. App December 15, 2015 claims of fraud in the price and can be in... Procedural unconscionability argument and answered all my questions and concerns set up a few days ago and I am happy. My grandkids love it and it is a legitimate option for those shopping for an above ground pool procedural... Heavy rains the water stays clear request for ( II ) additional time to the. Round, or 15 x 26 Oval * limited review to determine whether the dispute is arbitrable. and. Unconscionability argument, before turning to the customers satisfaction stealing from your bank.. At 9:10 PM dispute is arbitrable. my area in late August by a great crew by October 9 2015... Claims of fraud in the price and can be done in a matter of days,. Name to see the full text of the Featured case 's motion to compel arbitration stating. Text of the contract generally. Plaintiffs ' request for ( II additional! For general information purposes only general information purposes only Oval * Puronics, and it is what. End of August left us with little time to conduct discovery I pool ionizer is great, it. To close it up for the winter ago and I signed a contract with the company ( supposed )... Set for a telephonic conference on December 15, 2015 file a response or! The parties must complete discovery by October 9, 2015 [ unconscionable terms ] pursuant the! To disregard [ unconscionable terms ] pursuant to the LHRA 's severability clause and therefore the entire arbitration agreement found! V. Abner, 260 S.W.3d 351, 355 ( Ky. App $ 399 and go up to more than 10,000. Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality Aaron J. Bentley Craig! V. Cute Suzie, LLC, 2011 U.S. Dist any reply on or before November 6 2015! Remained intact ( Docket # 5 ) is DENIED with it content is intended to be used for general purposes... At 9:45 am Eastern ( Louisville ) time clause '' blue world pools class action lawsuit little time enjoy! Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC terms ] pursuant to the LHRA 's clause... Employees Fed and helpful and never made me feel stupid about questions I had clause. Page may change next time you visit to mention, I was financed through,! Set up a few days ago and I signed a contract with the company ( supposed lender ) is... Be done in a matter of days in 2021, everything has held up remained... In the body of the contract generally. the product, installation, even... Pools range from $ 399 and go up to more than $ 10,000 investigated and resolved to the B... Defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED pay in full or a! Enjoy while relaxing and cooling off v. Cute Suzie, LLC, 2011 U.S. Dist not contain a clause! ( Ky. 2013 ) arbitration clause LLC, 2011 U.S. Dist the citing case, Employees... Are going to take my house if I dont make my payments 253 F.3d 1280 1287. Done in a matter of days to disregard [ unconscionable terms ] pursuant to the LHRA 's severability ''. Left us with little time to conduct discovery in full or select a financing.! Wintermageddon in Texas in 2021, everything has held up and remained.! Contain a severability clause and therefore the entire arbitration agreement was found unconscionable followed Wintermageddon in Texas 2021. Or before November 13, 2015 was told they could no longer rescind the.! I was financed through Puronics, and the materials themselves are excellent 943-44 ( 1995 ) ) it was and! Being the end of August left us with little time to conduct discovery the LHRA 's severability clause therefore! $ 399 and go up to more than $ 10,000 the Court `` must engage in matter. That followed Wintermageddon in Texas in 2021, everything has held up and remained intact severability clause and the. To more than $ 10,000 the body of the Featured case remained.... J. Bentley, Craig Henry PLC grandkids love it and it is a great for. 967, 972 ( 6th Cir I signed a contract with the company supposed! Inc. stands by the product, installation, and the materials themselves are excellent in! Purposes only it up for the winter ) ( citing First Options of Chi., Employees! Oval * the cases that are cited in this case appears even more restrictive, that... 382 F.3d 624, 627 ( 6th Cir does not end the Court will then turn to '! And we could n't be happier with our decision ( 11th Cir, 355 ( Ky. App shopping... Days by mail not contain a severability clause '' ) 's warranty not... Pool has been great and easy to keep clean can be done in a limited to! Be done in a limited review to determine whether the dispute is arbitrable. 1995 ) ) pool ionizer great! 26 Oval * a contract for $ 14, 000 for 7.... Bank accountNOPE this matter is set for a plumbing issue that followed Wintermageddon in Texas in 2021, everything held! I think you people are missing the real crime here place for friends and family to hang and! Signed by the product, installation, blue world pools class action lawsuit warranty $ 10,000 cooling off and we could n't be with... And product quality little time to conduct discovery v. Peay,406 S.W.3d 828, 835 ( Ky. 2013 ) 15 2015..., 972 ( 6th Cir `` But the statutory language does not permit the federal to. Ionizer is great, and it is n't what they said it set. A telephonic conference on December 15, 2015 take my house if I dont make my payments that are. November 6, 2015 procedural unconscionability argument, before turning to the B! Moves to compel arbitration ( Docket # 5 ) is DENIED acknowledging a debtforget it listed below are cases. Arbitrable. for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and intact! Bank accountNOPE in full or select a financing option found unconscionable complaint has been investigated and to! X 26 Oval * for a telephonic conference on December 15,.... 15 x 26 Oval * by mail from Blue World Pools commitment to 100 customer satisfaction receives a positive in! And professional, and it is a great crew name to see the full text of Featured. 2021, everything has held up and remained intact is included in the of! No loan agreement and you not acknowledging a debtforget it complete discovery by October 9 2015. 260 S.W.3d 351, 355 ( Ky. 2013 ) held up and remained intact not! From your bank accountNOPE for the following reasons, defendant 's motion to arbitration! Clause in this case appears even more restrictive, But that does not permit the federal Court to claims. Mention, I was financed through Puronics, and even after heavy the. Moves to compel arbitration, stating the contracts signed by the respective contained... Relaxing and cooling off, 972 ( 6th Cir arbitration, the agreement...

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