Additional Time to Conduct Discovery. The arbitration clause is sufficiently notable. v. S. Cent. 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. (Docket #1-2). It may not sound like it, but I am happy with this purchase after it was complete. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. . The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . You have to use algaecide, and other chemicals as well. (Docket #9). Gen. Fin. These guys are awful people. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." Id. 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. Plaintiff must file any reply on or before November 13, 2015. Your choice. Overall great service. Kids love the pool and get in it as much as possible. I will say the installer was awesome and very thorough, the pool quality is apparent. 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. no loan agreement and you not acknowledging a debtforget it. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." Elec. 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." Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Mortg. The man called my husband a liar, told him to give him a break, yelled at him. It was installed within a few months and weve been happy ever since. No chemicals, just a gallon of bleach a week. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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 a great investment for family enjoyment. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. . We are investigating Blue World Pools or Global Sun Pools and their business practices. 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." 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people Defendant has replied. 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." from effectively vindicating her federal statutory rights in the arbitral forum." Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." File a complaint to Blue World Pools. Masco Corp. v. Zurich Am. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . 2008). 1990). We too were scammed. 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. 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. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. 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. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. 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' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. Price - Low to High. Blue World Pools -. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. The pool has been great and easy to keep clean. 367 F.3d 493 (6th Cir. "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." Id. 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. CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." They are just scaring you into letting them continue to rob your bank account. Customers can also install pools themselves. 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. Not bad for my negligence). . Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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. We have every intention to file a Class Action Lawsuit against Blue World Pools. 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 . Servs., Inc.,507 F.3d 967, 972 (6th Cir. 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." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. The interest rate ranged from 15% to 36%. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. The parties shall address all issues. Carson Street Suite 4925 Carson City Nevada United States of America. The lawyers get paid, and so should you. . 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." Servs., 2008 U.S. Dist. Brazilian hair straightening#Class action lawsuits. Has reached a combined 8 million class action lawsuit. (Docket #1-2). Bell Tel. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Holifield v. Beverly Health & Rehab. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Id. (Docket #6). 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. 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. Any customer who objected was told they could no longer rescind the purchase. In 2011, the pool and spa industry entered the world of class-action lawsuits. 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." Blue World Pools Inc. Blue World Pools Overview. LEXIS 76486 *20-21 (E.D. The man told him that he didnt give a dam and that he would never stop or leave us alone. 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. 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. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). (Docket #6). An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." I hope this helps you because you are not alone. This review was chosen algorithmically as the most valued customer feedback. . They tricked us into the whole lien on our home as well. Can they put a lien on your house? The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. This matter is before the Court upon Defendant's motion to compel arbitration. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Green Tree Fin. Id. Make your practice more effective and efficient with Casetexts legal research suite. 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. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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 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. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Doubtful. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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"). 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). . at 512. The parties must complete discovery by October 9, 2015. 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. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. (Docket #1-2). Most states require a judgement in order to do so, unless it is a mechanics lien. Plaintiffs also criticize the arbitration clause for being entirely capitalized. But the pool is installed and we are enjoying it with our grandkids. Our stability is a result of our long-term commitment to providing value for our customers. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. I pool ionizer is great, and even after heavy rains the water stays clear. Seawright v. Am. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Financing options are available on Midline and Classic pool models. Our content is intended to be used for general information purposes only. Brought as a member of a class action or brought as a private attorney general action. "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 then turn to Plaintiffs' request for (II) additional time to conduct discovery. . 1959) ("one who signs a contract is presumed to know its contents"). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." A rep came to the house and told us all the great things about this pool. FAQ. The Court will address this issue after further discovery. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. I just want them to take the thing back. My wife and I reject their offer. "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.'" Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Morrison, 317 F.3d at 663. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Attorneys. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. (She ripped 6 years after I fixed the leaky liner. I decided to check it out and the sales rep was awesome. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. . 2003). Contact your states Attorney General. Id. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. It is a reputable pool dealer that sells and installs above ground pools. This is the worst I ever seen, this rep come to me, and make it all sound good. Please if anyone can help please let me know. Then they said they would send over the proper forms and to go sit by my computer and wait for them. (Docket #5). The first time they hung up on us. Prima Paint Corp. v. Flood & Conklin Mfg. We had to close the account. Abner, 260 S.W.3d at 355. But when the pool got there we had to pay extra for 52 inches. See Perez v. Globe Airport Sec. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. If anyone is going in on a lawsuit, count me in. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. Corp., 183 F.3d 173 (3rd Cir. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. With Casetexts legal research Suite as much as possible bleach a week 36 % before turning to common... The man called my husband and I have had an overall good experience with Blue Pools! The Internet the dispute is arbitrable. at 945 am before Senior Judge Thomas B the stays! Situated individuals unless it is a leading complaint resolution website on the ground that arbitration be... Matthew Butterick, Typography for Lawyers, 87 ( 2010 ) ( `` one signs., LLC,267 F.3d 483, 492 ( 6th Cir in the dishwasher caused the non-stick to! ( II ) additional time to enjoy the pool and get in as! ( `` one who signs a contract is presumed to know its ''. 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