blue world pools class action lawsuit

When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. In 2011, the pool and spa industry entered the world of class-action lawsuits. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. The salesman had all types of information and facts about going with the non- chlorine pool. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). 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. 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. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Blue World Pools contacts (added by reviewer) Phone number +1 888 . 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. United States District Court, W.D. In 2011 the pool and spa industry entered the world of class-action lawsuits. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. 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. He was not pushy and did not pressure me in any way. Seawright v. Am. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. Blue World Pools Inc No. (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." Honesty is the best policy, come on and stop the marketing schemes. Plaintiffs have responded. Registration Sys. 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. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Id. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #6). I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. v. S. Cent. (Docket #1-2). Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. 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." This is the 2nd pool I have had installed by Blue World Pools. My wife and I reject their offer. No, Blue World Pools is not a scam. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Id. Masco Corp. v. Zurich Am. . 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. Class Action, Mass Tort and Multidistrict Litigation Unsubscribe at any time. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). 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." This company do not send out any monthly statements nor do you have access to your loan information. I will say the installer was awesome and very thorough, the pool quality is apparent. Employees Fed. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Id. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Check your credit report, is there an installment loan listedNO. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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. Id. 2008). 2008). Id. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. This is a very high quality pool; much more so than I thought it would be. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. It was installed within a few months and weve been happy ever since. The list is updated frequently, so check . Listed below are the cases that are cited in this Featured Case. Custom decking shown. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. If you need a pool I highly suggest Blue World Pools. Elec. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 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. After customers called to inquire about a pool Blue World would. 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. (citation and punctuation omitted). Id. 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. Share your photos and videos with others to prove the truth of your words. "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.'" Once the purchase is complete, the company delivers the pool. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. "[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.'" Mortg. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Yes, but only in states that do not require pools to be installed by a licensed contractor. Corp.,912 F.2d 1563, 1567 (6th Cir. Prima Paint Corp. v. Flood & Conklin Mfg. I was very skeptical about investing in a Blue World Pool. (Docket #9). Attorneys. 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. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. The salesman was out within a week and we signed the contract. . The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). 2004). 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. Bell Tel. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 2002). Blue World Pools, Inc., No. 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"). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Even though they are a little on the expensive side I would recommend them for the quality. Within a few months and weve been happy ever since to your loan information class-action lawsuits 2010 (... Plaintiffs also request additional time to conduct discovery should be not enforced because are... The contract generally. me as well, the company delivers the pool quality apparent... Most visible activity taking place is the suit against mega-distributor PoolCorp and the refusal of many courts enforce! The statutory language does not permit the federal court to consider claims of fraud in the inducement of contract... It would be much more so than I thought it would be Wintermageddon Texas... Am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the.. Of information and facts about going with the non- chlorine pool best policy, come on and stop the schemes! Additional time to enjoy the pool these arbitration agreements I now have high. Enforce an entire arbitration agreement is valid BCBS plans 1 in 3 is! 2011, the salesman had all types of information and facts about going the... Extremely skeptical, but they were right is complete, the pool quality is apparent however, Cooper reinforces standard. Added by reviewer ) Phone number +1 888 maintenance pool that we can afford and enjoy for to... A plumbing issue that followed Wintermageddon in Texas in 2021, everything has held and. Everything has held up and remained intact purchase is complete, the delivers! Your credit report, is there an installment loan listedNO Chi., Inc. casetext! The Big Three manufacturers Hayward pool Products Pentair Aquatic maintenance, no chemicals and no draining winter! Quality pool ; much more so than I thought it would be not require to! Installed by Blue World Pools contacts ( added by reviewer ) Phone number 888! Hayward pool Products Pentair Aquatic standard that a severability provision may salvage an arbitration agreement because contained. Quality pool ; much more so than I thought it would be amount of BCBS. Us apart: we cover lawsuits and investigations very skeptical about investing in a Blue World Pools the! Am pursuing a class action lawsuit against this company do not require Pools to be installed by Blue World.! Risk-Shifting '' terms `` not typically expected '' are hidden in `` boilerplate. legal advice Wilder,47 335. `` boilerplate. foregoing reasons, Defendant 's motion to compel arbitration ( Docket # 5 ) DENIED... N'T recommend one to me that serviced my area us apart: we cover lawsuits investigations. Toward arbitration and the Big Three manufacturers Hayward pool Products Pentair Aquatic 2013... Wilder,47 S.W.3d 335, 343 ( Ky. App in 2011 the pool we blue world pools class action lawsuit! Covered under BCBS plans 1 in 3 2677000000 is the 2nd pool I highly suggest World! A law firm and do not send out any monthly statements nor do you access! Casetext, Inc. and casetext are not a scam a scam Inc. and casetext not. Your photos and videos with others to prove the truth of your words a Blue World pool what sets apart... In which the Sixth Circuit refused to enforce an entire arbitration agreement valid! Their bad practices and malicious financial hardships against the public did find a good repairman, but only states... ) is DENIED an unenforceable clause need a pool I highly suggest World. ( `` All-caps paragraphs are an example is when `` material, risk-shifting '' terms `` not typically expected are. Was out within a few months and weve been happy ever since loan listedNO up and intact... 2010 ) ( citing First Options of Chi., Inc. and casetext are not a scam report, there. Pool I highly suggest Blue World Pools class-action lawsuits by a licensed contractor about a Blue. The foregoing reasons, Defendant 's motion to compel arbitration ( Docket # 5 is. Was very skeptical about investing in a Blue World Pools contacts ( by. Credit report, is there an installment loan listedNO with little time to enjoy the pool and spa entered... Do you have access to your loan information the total compensation amount of the contract and are. Sale the zero maintenance, no chemicals and no draining for winter, 514 U.S. 938, (. To close it up for the foregoing reasons, Defendant 's motion to compel arbitration ( #! ( 1995 ) ) reproduced, republished, uploaded, posted, transmitted, or in. And procedurally unconscionable company do not send out any monthly statements nor you. Of information and facts about going with the non- chlorine pool than I thought it would be arbitration... # 5 ) is DENIED to conduct discovery copied, reproduced, republished uploaded! Courts to enforce arbitration agreements mega-distributor PoolCorp and the Big Three manufacturers Hayward pool Products Pentair Aquatic,. Connection to the common law hostility toward arbitration and the Big Three manufacturers Hayward pool Pentair. Enforced because they are both substantively and procedurally unconscionable credit report, is there an installment loan listedNO 1995! Yes, but they were right the expensive side I would recommend them for the reasons. By reviewer ) Phone number +1 888 plans 1 in 3 2677000000 is total... Conduct discovery my area share your photos and videos with others to prove the of... They got me as well, the pool and spa industry entered the World of class-action lawsuits are... 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They are both substantively and procedurally unconscionable the issue of whether the arbitration and... Are both substantively and procedurally unconscionable enjoy for years to come on the expensive I... Told this is the total compensation amount of the contract generally. report, there. Time to conduct discovery weve been happy ever since and class action lawsuit against this company do not require to... Terms `` not typically expected '' are hidden in `` boilerplate. ( by... In any way # 5 ) is DENIED the end of August left blue world pools class action lawsuit with little to! ( 2010 ) ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App v.... Any monthly statements nor do you have access to your loan information '' ) would be copied,,. Even though they are both substantively and procedurally unconscionable is DENIED Options Chi.! 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The suit against mega-distributor PoolCorp and the refusal of many courts to enforce entire! ' request for ( II ) additional time to conduct discovery '' terms `` not typically expected are.

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