2008). 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." from effectively vindicating her federal statutory rights in the arbitral forum." Masco Corp. v. Zurich Am. Do you have a paper that says when they will stop stealing from your bank accountNOPE. This is ClassAction.org's current list of open lawsuits and investigations. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. Morrison, 664 F.3d at 664. Defendant, Thomas B. Russell, Senior Judge United States District Court. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. 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." Abner, 260 S.W.3d at 355. The parties shall address all issues. The man called my husband a liar, told him to give him a break, yelled at him. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. here is my phone number if anyone wants to contact me [protected], I am filing a law suit against them as well i had these people in my house from 8pm untill 3 am untill we bought a pool from them they had me and my family arguing at one point when decided i had had enough and was done with them trying to talk us into a bigger pool that they had said was suppose to be a chemical free pool they said that they were the only one who had that type of filter that does not take chemicals and i told them we explained to them that my husband was alergic to lots of different chemicals especially bleach the main reason we all wanted a pool was because of his illnesses it would help him alot well the rep came in with a brochures to show us and explained everything in detail which was a bunch of lies everything they said was nothing but a lie i even have the contract we signed which was only suppose to be for 8000 dollars and now they are saying it is 30, 000 not to mention we did not get the filter they had promissed and the filter is leaning because a bunch of sand under the one layer of flat brick they laid not to mention my pool is even uneven and it is not even 5 foot like they had said not to mention it was put in the wrong spot and they tore my yard up not even where the pool is sitting and the pool was not put in the right place so i called them from day one complaining they said they would send someone out to come and see what i was talking about they never ever did i told them i want the filter i puchased and they still have not replaced it nothing they said they would do did they do so i now have stopped payment on them even told the bank they are not allowed to with draw any money from my account and told them to they did any dam way after putting a lien on my property which they never told me they would do untill after the fact well after they put the lien they then went into my account and with drew un authorized fund from the account so not im in the processes of finding an attorney and i defenitlyu am going to sue their ### i too had told them i wanted to cancel and they to told me i could not cancel the pool i think that we should all ban together and go in as witnesses for one another to sue these people come on now non of us dont know one another we all cant be lieing and had the same dam story as the next person lets stop these jack ###. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. Stacy, 27 F. Supp. My family was sccammed also with this pool. . It does not deliver what was promised. 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." 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." 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. Additional Time to Conduct Discovery. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. "[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.'" Reluctantly, we signed the paperwork out of fear of losing our house. Holifield v. Beverly Health & Rehab. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. Seawright v. Am. Kids love the pool and get in it as much as possible. 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"). When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. The company delivers and installs above ground pools. . All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. (Docket #5). The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. "[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." Plaintiffs have requested they be granted time to conduct discovery on this issue. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). My experience with BWP was great from the initial purchase up to the final installation. (Docket #6). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Blue World Pools does not handle regular maintenance or pool deck installation. II. 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"). . www.wspa.com ( pool complaints ) I was very skeptical about investing in a Blue World Pool. This program is a way businesses can turn negatives into a positive. The customer was also required to grant Blue World a lien on the customer's property. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Plaintiffs v. BLUE WORLD POOLS, INC. 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. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. No, Blue World Pools is not a scam. v. Abner,260 S.W.3d 351, 355 (Ky. App. Id. Blue World Pools Inc No. 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 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. Protected by Google ReCAPTCHA. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. File a complaint to Blue World Pools. Id. Id. Brookfield Asset Management#Birch Mountain class action. BLUE WORLD POOLS, INC., Defendant. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. Very competent people who sold the pool, answered the phones, and serviced the pool. . Servs., Inc.,507 F.3d 967, 972 (6th Cir. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. - You definitely want to know that you are doing business with a reputable dealer. Ins. Our deluxe model swimming pools are designed for those who want the best. Some of the contracts have Truth-In-Lending Act (TILA) violations. Please if anyone can help please let me know. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). bears the burden of showing the likelihood of incurring such costs." C.B.S. Defendant must file a response on or before November 6, 2015. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. Id. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). 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. (Docket #6). Co.,382 F.3d 624, 627 (6th Cir. Now i cant get my house back because of that dumb ### purchase. Your choice. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. the steps are damage and the pool become an pain to handle. Registration Sys. (Docket #1-2). Click the citation to see the full text of the cited case. If anyone is going in on a lawsuit, count me in. Financing options are available on Midline and Classic pool models. (Docket #1-2). It is a single page. Blizzard Entertainment#StarCraft privacy lawsuit. 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. at 491. He was right. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 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. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. ANDREW ROBERTS, et al., Plaintiffs, You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . ANALYSIS The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." . "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 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. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Brought as a member of a class action or brought as a private attorney general action. For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. This is the 2nd pool I have had installed by Blue World Pools. We finally agreed and they were supposed to send us paperwork. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. The installers were prompt and professional, and the materials themselves are excellent. --------. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Also, did you sign an installment agreement with the required true interest cost? Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. "[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." However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. just let me know. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). We have every intention to file a Class Action Lawsuit against Blue World Pools. Midline and Classic models cost more than $10,000 and vary in price depending on size. 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 put in contract that you must cancel within 3 days by mail. The customer was also required to grant Blue World a lien on the customer's property. Plaintiffs have requested they be granted time to conduct discovery on this issue. The first time they hung up on us. 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. 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Lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, filed., this flaw alone does not handle regular maintenance or pool deck installation it contained an clause!
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