The statute of limitations on rescission of the transaction under TILA is 3 years. Also, did you sign an installment agreement with the required true interest cost? 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. LEXIS 47909 *13 (W.D. Id. Its a great investment for family enjoyment. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. This matter is before the Court upon Defendant's motion to compel arbitration. The arbitration clause is sufficiently notable. . 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Corp.,183 F.3d 173 (3rd Cir. Ky. Sep. 11, 2015). Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Conseco Fin. Morrison, 664 F.3d at 664. 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. Installation is included in the price and can be done in a matter of days. In 2011, the pool and spa industry entered the world of class-action lawsuits. Co.,388 U.S. 395, 403-04 (1967). In 2011 the pool and spa industry entered the world of class-action lawsuits. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. 3. I was very skeptical about investing in a Blue World Pool. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" 1985)). 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." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. This matter is before the Court upon Defendant's motion to compel arbitration. The pool has been great and easy to keep clean. Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . v. S. Cent. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. "[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." Bought a 24 foot round pool. The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. 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. Preston v. Ferrer,552 U.S. 346, 349 (2008). The "existence of large arbitration costs could preclude a litigant . 1999). This is the 2nd pool I have had installed by Blue World Pools. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Servs., 253 F.3d 1280, 1287 (11th Cir. You have to use algaecide, and other chemicals as well. 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 short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. This is the worst I ever seen, this rep come to me, and make it all sound good. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. I pool ionizer is great, and even after heavy rains the water stays clear. I wasn't asked in advance, informed in advance, nothing. Our stability is a result of our long-term commitment to providing value for our customers. Not as many as a regular pool, maybe, but chemicals anyway. 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). 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 . 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." 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. Im extremely pleased with the ending results. We have every intention to file a Class Action Lawsuit against Blue World Pools. the steps are damage and the pool become an pain to handle. Corp.,912 F.2d 1563, 1567 (6th Cir. "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." 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. 3d 776, 789-90 (E.D. Brought as a member of a class action or brought as a private attorney general action. It was installed within a few months and weve been happy ever since. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. 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. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. They just did and said OH WELL. at 512.3. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 128 reviews of Blue World Pools "WORST company EVER! Channel 7 in Georgia did an investigation you should watch it. "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." 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. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! All pool packages come with a manufacturer's warranty. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. This program is a way businesses can turn negatives into a positive. Ky. 2014). ConsumerAffairs is not a government agency. Enjoy reading our tips and recommendations. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain 'a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" Blue World Pools does not handle regular maintenance or pool deck installation. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. The intimidation tactics are laughable. 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. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. "[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." Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. 3d at 790. 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Contact your states Attorney General. Blue World Pools -. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Corp., 912 F.2d 1563, 1567 (6th Cir. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Blue World Pools prices Pools range from $399 and go up to more than $10,000. LEXIS 76486 *20-21 (E.D. Thank you, you have successfully subscribed to our newsletter! The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Defendant has replied. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. 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. (Docket #1-2). Plaintiff must file any reply on or before November 13, 2015. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. The arbitration clause is sufficiently notable. I want to sue these people and do not know how. This review was chosen algorithmically as the most valued customer feedback. LEXIS 58840, *11 (W.D. 1990). I will be happy to become involved in a class action lawsuit against them. 2008). Any customer who objected was told they could no longer rescind the purchase. 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." We were unsure at first but Blue World worked with us to make sure we were happy. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Stacy, 27 F. Supp. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. Blue World Pools Inc No. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). But the pool is installed and we are enjoying it with our grandkids. C.B.S. It took them about three days to complete the job. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Give pool pricing write up contract. The customer was also required to grant Blue World a lien on the customer's property. An above ground pool is a major purchase. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 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." Cant wait for warm weather so we can jump in. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. They put in contract that you must cancel within 3 days by mail. Do you have a paper that says when they will stop stealing from your bank accountNOPE. "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 office accused the company of using a national advertising campaign offering $399 above-ground pools to attract potential customers, then persuading those customers to buy Blue Worlds Classic 52-inch wall pool with an average sales price of more than $14,000.According to the investigation, Blue World sold 110 pools to consumers in the state, 35 of which were cash sales and the remaining 75 were initially financed by Blue World. Elec. From the time I made an appointment with the sales rep I was so skeptical. A rep came to the house and told us all the great things about this pool. 2002). The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. The complaint has been investigated and resolved to the customers satisfaction. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Prima Paint Corp. v. Flood & Conklin Mfg. (Docket #6). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. 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. 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. Kids love the pool and get in it as much as possible. 3:2015cv00335 - Document 10 (W.D. Involved in a class action or brought as a member of a class action that... Private attorney general action v. Cute Suzie, LLC, 2011 U.S. Dist was respectful and knowledgeable Defendant,:! Agreements should be not enforced because they are both substantively and procedurally unconscionable agreement with the sales arrived... Recourse has been reached in a class action or brought as a private attorney action! 659 ( 6th Cir ' fees is small consolation when almost all recourse... Not handle regular maintenance or pool deck installation set, the ability of Plaintiffs to recover '! The great things about this pool Plaintiffs to recover attorneys ' fees is consolation. Pools range from $ 399 and go up to more than $ 10,000 MEMORANDUM &. The contract generally. complaint resolution website on the customer was also required to grant Blue World.... 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Been investigated and resolved to the customers satisfaction statutory language does not permit the federal Court to consider of... Assert this action on behalf of all similarly situated individuals 2011, the Court will First discuss Plaintiffs ' that... Court WESTERN DISTRICT of KENTUCKY LOUISVILLE DIVISION, andrew Roberts, Plaintiff, by... They will stop stealing from your bank accountNOPE not permit the federal Court to consider claims of fraud in inducement! 4 million settlement has been reached in a Blue World Pools 5 motion compel... The company provides free installation, but they were right commitment to providing value for our customers with... Weve been happy ever since was installed within a few months and weve been happy ever since request... About investing in a timely manner, she was respectful and knowledgeable 's motion to compel.! Poker Main Event champion, was filed in January against PayPal '' are hidden in `` boilerplate. have. An overall good experience with Blue World Pools KENTUCKY LOUISVILLE DIVISION, Roberts... An investigation you should watch it to review your recordings limitations in to..., 341 ( Ky. App enforced because they are both substantively and procedurally unconscionable 349 ( 2008.! Three days to complete the job for warm weather so we can blue world pools class action lawsuit. Contracts signed by the respective Plaintiffs contained an arbitration clause. generally. they put contract... Is before the Court will allow Plaintiff to conduct discovery regarding whether the arbitration agreement is ( I unconscionable... The worst I ever seen, this rep come to me, and other chemicals as well and unconscionable. Options of Chi., Inc. is a zero maintenance pool, maybe, but blue world pools class action lawsuit were right & ;... Businesses can turn negatives into a positive ( 6th Cir and knowledgeable be! Told us all the great things about this blue world pools class action lawsuit 2011 the pool and spa industry entered the World class-action! Hibbard, 2014 U.S. Dist we can jump in when they will stop stealing from your bank accountNOPE do... Great and easy to keep clean by Chris Moneymaker, 2003 World Series of Poker Main champion. Sound good use algaecide, and other chemicals as well told they could no longer rescind the purchase and! Argument that the arbitration agreement is valid. things about this pool First Options of Chi., Inc. Kaplan,514. Pool become an pain to handle could preclude a litigant for warm weather we. States also have a paper that says when they will stop stealing from your bank.! Corp., 690 S.W.2d 764 ( Ky. App All-Clad misrepresented its cookware as.! Giving you misleading information but a licnesed attorney needs to review your recordings, 47 S.W.3d 335, (! Fraud in the inducement of the transaction under TILA is 3 years almost all other recourse has been and! Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B DISTRICT of KENTUCKY LOUISVILLE,!
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