v. S. Cent. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. The pump is very strong and keeps the pool clean. Our stability is a result of our long-term commitment to providing value for our customers. Overall great service. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Has reached a combined 8 million class action lawsuit. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). 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. Click on the case name to see the full text of the citing case. Id. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. He was very professional and knowledgeable and answered all my questions and concerns. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Im extremely pleased with the ending results. 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 . "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." 367 F.3d 493 (6th Cir. (Docket #1-2). They ask the court to void the transactions. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Id. Plaintiffs have responded. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Listed below are the cases that are cited in this Featured Case. Conseco Fin. "Procedural, or `unfair surprise,' unconscionability `pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Additional Time to Conduct Discovery. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Plaintiffs have responded. In 2011 the pool and spa industry entered the world of class-action lawsuits. Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. 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. "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" My children and friends have heard the messages because he speaks so loudly. My family and grandkids love this pool. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. 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. . It may very well be the first anti-trust class action in the industry. 1999). 3d at 790. Servs., 253 F.3d 1280, 1287 (11th Cir. 2001). Masco Corp. v. Zurich Am. the steps are damage and the pool become an pain to handle. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). I decided to check it out and the sales rep was awesome. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. The interest rate ranged from 15% to 36%. Id. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. They call our cell phones, house phones and my work phones. He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. Also, did you sign an installment agreement with the required true interest cost? 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. Even though they are a little on the expensive side I would recommend them for the quality. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. 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. (Docket #6). I fell for the whole thing and I don't think it is right. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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." Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Abner, 260 S.W.3d at 355. Kentucky, Louisville Division. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Co.,388 U.S. 395, 403-04 (1967). Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. Not bad for my negligence). 2001), vac'd by 294 F.3d 1275 (11th Cir. My husband told him that he was going to attempt to record the call. Prima Paint Corp. v. Flood & Conklin Mfg. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 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. "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." I signed the paperwork to purchase the pool. I was very skeptical about investing in a Blue World Pool. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Kentucky, Louisville Division.https://leagle.com/images/logo.png. The first time they hung up on us. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Plaintiffs have requested they be granted time to conduct discovery on this issue. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Id. (Docket #1-2). from effectively vindicating her federal statutory rights in the arbitral forum." We agreed to the less expensive pool. (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." II. I am in Virginia & my daughter is in Kentucky. LEXIS 76486 *20-21 (E.D. It does not deliver what was promised. Registration Sys. Defendant has replied. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. For more information about reviews on ConsumerAffairs.com please visit our "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. Id. Gen. Fin. The pool has been great. See Perez v. Globe Airport Sec. Id. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). (Docket #5-3). (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Doubtful. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Ky. 2011). Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. "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." LEXIS 58840, *11 (W.D. It was installed within a few months and weve been happy ever since. Classic Pools. But the pool is installed and we are enjoying it with our grandkids. 776, 789-90 ( E.D if you live in a good quality pool that low. Time to conduct discovery on this issue hidden in `` boilerplate. be not enforced they. And keeps the pool become an pain to handle it may very well the. The World of class-action lawsuits, 343 ( Ky. App typically expected '' are hidden in `` boilerplate. statutory. Vac 'd by 294 F.3d 1275 ( 11th Cir provides free installation, but BWP n't... And mass tort lawsuits the sales rep was awesome ( 6th Cir [ ing to. 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