Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. "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." 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. ConsumerAffairs is not a government agency. 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. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. 2004). (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." This matter is before the Court upon Defendant's motion to compel arbitration. . (Docket #1-2). Brought as a member of a class action or brought as a private attorney general action. Enjoy reading our tips and recommendations. "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." 1990). Blue World Pools -. . Co., 388 U.S. 395, 403-04 (1967). Defendant, Thomas B. Russell, Senior Judge United States District Court. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 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." Feb 9 2015. 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." 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." Thank you, you have successfully subscribed to our newsletter! However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. (Docket #1-2). Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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. I have been very satisfied with it and enjoying it ever since. "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.'" I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. "[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.'" Its a great investment for family enjoyment. v. S. Cent. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. This review was chosen algorithmically as the most valued customer feedback. This comment was posted by a verified customer. Any customer who objected was told they could no longer rescind the purchase. Make your practice more effective and efficient with Casetexts legal research suite. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Bought a 24 foot round pool. 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. Defendant must file a response on or before November 6, 2015. Even though they are a little on the expensive side I would recommend them for the quality. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. Unsubscribe at any time. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Plaintiffs have responded. (Docket #5-5). Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. United States District Court, W.D. I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! If you need a pool I highly suggest Blue World Pools. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). THOMAS B. RUSSELL, Senior District Judge. Customers can also install pools themselves. (Docket #5). Employees Fed. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Class Action, Mass Tort and Multidistrict Litigation Very competent people who sold the pool, answered the phones, and serviced the pool. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Ins. Plaintiff must file any reply on or before November 13, 2015. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Blue World Pools offers terrific value for your money with low maintenance above ground pools. 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. LEXIS 76486 *20-21 (E.D. The intimidation tactics are laughable. the steps are damage and the pool become an pain to handle. The list is updated frequently, so check . "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "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." Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Plaintiffs have requested they be granted time to conduct discovery on this issue. 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. Id. 128 reviews of Blue World Pools "WORST company EVER! This is a very high quality pool; much more so than I thought it would be. I highly recommend Blue World Pools. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Its location on this page may change next time you visit. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Get buying tips about Pool Companies delivered to your inbox. (Docket #9). 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 Brazilian hair straightening#Class action lawsuits. So, we're kind of orphaned right now. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. 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. Green Tree, 531 U.S. at 90-91. Our stability is a result of our long-term commitment to providing value for our customers. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. Ins. It was installed in late August by a great crew. The parties must complete discovery by October 9, 2015. Do not buy from this company! We agreed to the less expensive pool. Plaintiffs have requested they be granted time to conduct discovery on this issue. This program is a way businesses can turn negatives into a positive. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Buena Vista Rancheria of Me-Wuk Indians of California#History. Davis v. Global Client Solutions, LLC, 765 F. Supp. ANALYSIS As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. 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. My family has greatly enjoyed the pool! "[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." Free installation is limited to certain states. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Im extremely pleased with the ending results. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. 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"). Contact your states Attorney General. "[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." During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. We sell some of the nicest quality products on the market today! Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Stacy, 27 F. Supp. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. I hope this helps you because you are not alone. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. (Docket #1-2). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." (Docket #6). I am very blessed now to have a BWP and it has been a great investment. 3d at 790. (Docket #1-2). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. CIVIL ACTION NO. (Docket #1). (Docket #1). I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. It may very well be the first anti-trust class action in the industry. When the product is quality, it sells itself, no one likes to be mislead. Corp.,912 F.2d 1563, 1567 (6th Cir. 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 company offers free site inspections and consultations. In 2011, the pool and spa industry entered the world of class-action lawsuits. 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." Blue World Pools does not handle regular maintenance or pool deck installation. This will surely increase the credibility of your complaint. Not bad for my negligence). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Id. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. An above ground pool is a major purchase. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 2001). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Registration Sys. Attorneys. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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. The real crime is not that you paid too much for the poolthe crime is the illegal financing. 2001), vac'd by 294 F.3d 1275 (11th Cir. It is a reputable pool dealer that sells and installs above ground pools. Stacy, 27 F. Supp. Seawright v. Am. Plaintiffs argue this Court should follow Cooper v. MRM Inv. 2002). Defendant has replied. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. "[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." "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." EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Some of the contracts have Truth-In-Lending Act (TILA) violations. I think you people are missing the real crime here. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Doubtful. (Docket #1-2). Now i cant get my house back because of that dumb ### purchase. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Ky. Sep. 11, 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. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Servs., 2008 U.S. Dist. 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. They ask the court to void the transactions. "[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." Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. All pool packages come with a manufacturer's warranty. 2001) (quoting Harris v. Green Tree Fin. Mortg. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. 367 F.3d 493 (6th Cir. Id. (Docket #1-2). However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Our content is intended to be used for general information purposes only. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." . Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. Green Tree, 531 U.S. at 90-91. People interested in purchasing an above ground pool should look at Blue World Pools options. Elec. Seawright v. Am. Submit a complaint and get your issue resolved. (citation and punctuation omitted). Defendant must file a response on or before November 6, 2015. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Who knows. Purchase a pool in 2020. It may not sound like it, but I am happy with this purchase after it was complete. Once the purchase is complete, the company delivers the pool. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). C.B.S. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." The interest rate ranged from 15% to 36%. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Then they said they would send over the proper forms and to go sit by my computer and wait for them. 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"). "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." (Docket #1-2). Plaintiff must file a brief on or before October 13, 2015. Masco Corp. v. Zurich Am. Kentucky, Louisville Division. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. . 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. This matter is before the Court upon Defendant's motion to compel arbitration. (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." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Pools range from $399 and go up to more than $10,000. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." 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 offers affordable and deluxe above-ground swimming pool package options. The interest rate ranged from 15 % to 36 % ' request for ( II ) time... Must file a response on or before November 13, 2015 484 in Pools Spas and Plumbing Supplies category installed. Businesses can turn negatives into a positive am before Senior Judge Thomas.... 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