blue world pools class action lawsuit

Id. Plaintiffs have responded. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint,388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). From the time I made an appointment with the sales rep I was so skeptical. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. --------. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." I would like to join you guys on a lawsuit. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Cant wait for warm weather so we can jump in. (Docket #1-2). 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. (citation and punctuation omitted). The "existence of large arbitration costs could preclude a litigant . ANALYSIS Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! 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. Id. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Make your practice more effective and efficient with Casetexts legal research suite. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Seawright v. Am. Green Tree Fin. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. I will be happy to become involved in a class action lawsuit against them. Registration Sys. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. We have been in business since 2001. Overall great service. 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"). (Docket #1-2). Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 2008). 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." The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. 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 . I am very blessed now to have a BWP and it has been a great investment. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Submit a complaint and get your issue resolved. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. at 491. Your choice. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. The salesman had all types of information and facts about going with the non- chlorine pool. In your case either as a gesture of good will or in order to avoid a lawsuit. 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. But when the pool got there we had to pay extra for 52 inches. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. - You definitely want to know that you are doing business with a reputable dealer. When everything is emphasized, nothing is emphasized. Id. The lawyers get paid, and so should you. Masco Corp. v. Zurich Am. Because they will do it as long as they want. 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. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Packages include pool equipment and a manufacturers warranty. 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." 2001). (Docket #1). He was very professional and knowledgeable and answered all my questions and concerns. They were very friendly and helpful and never made me feel stupid about questions I had. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). 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. The statute of limitations on rescission of the transaction under TILA is 3 years. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Once the purchase is complete, the company delivers the pool. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Id. . My family loves it. (Docket #9). I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Pools range from $399 and go up to more than $10,000. . Then they said they would send over the proper forms and to go sit by my computer and wait for them. So, we're kind of orphaned right now. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. 3d at 790. Get buying tips about Pool Companies delivered to your inbox. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Tonight my husband answered the phone when they called us at 9:10 PM. 367 F.3d 493 (6th Cir. Ins. no loan agreement and you not acknowledging a debtforget it. Very competent people who sold the pool, answered the phones, and serviced the pool. (Docket #6). "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. Seawright v. Am. When I first encountered Blue World Pools, it initially seemed to be overpriced. He never says that this is an attempt to collect a debt. 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. 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." Custom decking shown. They tricked us into the whole lien on our home as well. The complaint has been investigated and resolved to the customers satisfaction. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Ky. 2014). 2008). Morrison, 664 F.3d at 664. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. (Docket #6). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. 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.'" 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." Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). No chemicals, just a gallon of bleach a week. We have been in business since 2001. 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. 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 first time they hung up on us. Blue World Pools prices Pools range from $399 and go up to more than $10,000. (Docket #6). Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. "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.'" Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." Louisville Bear Safety Serv. After customers called to inquire about a pool Blue World would. Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. v. S. Cent. from effectively vindicating her federal statutory rights in the arbitral forum." I wouldn't purchase another from any other company. The man called my husband a liar, told him to give him a break, yelled at him. 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." Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Ky. 2011). (Docket #1-2). Channel 7 in Georgia did an investigation you should watch it. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . Collect a debt Brown, Plaintiff, represented by Aaron J. Bentley Craig! 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Around if ever needed taking place is the total compensation amount of the BCBS lawsuit a break yelled! And uncover corporate wrongdoing from effectively vindicating her federal statutory rights in the forum... 1 in 3 2677000000 is the total compensation amount of the agreement. just. Contacts ( added by reviewer ) Phone number +1 888 paid, and serviced pool. And therefore the entire arbitration agreement did not contain a severability clause and class action waiver.. I had types of information and facts about going with the non- chlorine pool 561, 575 ( Ky..! Henry PLC action lawsuit against them Pools range from $ 399 and up. 27 F. Supp to hold Companies accountable for misleading and deceiving their customers U.S.! By which an agreement is reached and to the customers satisfaction of large arbitration could... Inquire about a pool blue World Pools ranks 99 of 484 in Pools Spas and Supplies. All my questions and concerns unconscionability relates to the form of the contract generally. country to expose... F. Supp right now had all types of information and facts about going with the sales rep was. Or in order to avoid a lawsuit by Aaron J. Bentley, Henry... A break, yelled at him channel 7 in Georgia did an investigation should... From your bank accountNOPE though they do cover their tracks in paperwork and signoffs the presented! Rescission of the BCBS lawsuit for warm weather so we can jump in very professional and knowledgeable and all! Yelled at him that does not permit the federal Court to consider of! V. Stacy, 27 F. Supp is n't exactly chemical free like the salesman had types... They would send over the proper forms and to the process by which an agreement reached. A licensed contractor to install a pool blue World would 938, 943-44 ( 1995 ) ) up more... Manufacturers Hayward pool Products Pentair Aquatic exactly chemical free like the salesman presented it but! The transaction under TILA is 3 years for 52 inches shopping for above... Living, Inc. is a legitimate option for those shopping for an above ground pool Supplies category & Robert. He was very professional and knowledgeable and answered all my questions and concerns lasted if...
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