Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. 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. Price - Low to High. v. 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. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. 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. Bell Tel. The installers were prompt and professional, and the materials themselves are excellent. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Customers can also install pools themselves. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Free installation is limited to certain states. (Docket #5). Id. I told them I didn't want it, but they said it was too late, that the paperwork had been processed, and it had been added into my financed amount. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 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. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). It was installed within a few months and weve been happy ever since. Protected by Google ReCAPTCHA. I just want them to take the thing back. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. the steps are damage and the pool become an pain to handle. You have to use algaecide, and other chemicals as well. I fell for the whole thing and I don't think it is right. Morrison, 317 F.3d at 663. C.B.S. Please if anyone can help please let me know. 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." It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Blue World Pools -. Blue World Pools offers terrific value for your money with low maintenance above ground pools. We had to close the account. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 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. Ky. Sep. 11, 2015). Cant wait for warm weather so we can jump in. 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. Buena Vista Rancheria of Me-Wuk Indians of California#History. I had been told it would be free of charge. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 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. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. ANDREW ROBERTS, et al., Plaintiffs, The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 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. It was installed in late August by a great crew. this is not a pool for that much money. Submit a complaint and get your issue resolved. Id. Feb 9 2015. 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. LEXIS 58840, *11 (W.D. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Mortg. I am in Virginia & my daughter is in Kentucky. The salesman had all types of information and facts about going with the non- chlorine pool. They put in contract that you must cancel within 3 days by mail. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. at 512.3. Elec. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Tonight my husband answered the phone when they called us at 9:10 PM. Reluctantly, we signed the paperwork out of fear of losing our house. "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. 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. www.wspa.com ( pool complaints ) Also, did you sign an installment agreement with the required true interest cost? If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. My wife and I reject their offer. We have had many hours of enjoyment from this beautiful pool. The salesman was out within a week and we signed the contract. 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"). Blue World Pools Inc No. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. (Docket #5). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Can they put a lien on your house? (Docket #5). (Docket #1-2). 1959) ("one who signs a contract is presumed to know its contents"). 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." Contact your states Attorney General. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Prima Paint Corp. v. Flood & Conklin Mfg. LEXIS 58840, *11 (W.D. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Most states require a judgement in order to do so, unless it is a mechanics lien. . Louisville Bear Safety Serv. I pool ionizer is great, and even after heavy rains the water stays clear. 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. 2008). 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. 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. Conseco Fin. Id. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Green Tree, 531 U.S. at 90-91. Help. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Financing options are available on Midline and Classic pool models. --------. 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. - You definitely want to know that you are doing business with a reputable dealer. "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." Do you even have a contract with the company (supposed lender) that is taking the moneyNope. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Stacy, 27 F. Supp. Once the purchase is complete, the company delivers the pool. (Docket #6). These guys are awful people. When the product is quality, it sells itself, no one likes to be mislead. (Docket #6). Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). 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." I will be happy to become involved in a class action lawsuit against them. Attorneys. 2004). Additional Time to Conduct Discovery. 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. (Docket #5-5). The Court will address this issue after further discovery. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Very low maintenance, as promised. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. I am very blessed now to have a BWP and it has been a great investment. Id. I will say the installer was awesome and very thorough, the pool quality is apparent. The customer was also required to grant Blue World a lien on the customer's property. 367 F.3d 493 (6th Cir. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Servs., Inc.,507 F.3d 967, 972 (6th Cir. (Docket #5-3). 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