See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). 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"). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." LEXIS 76486 *20-21 (E.D. We paid faithfully on-time for the first year and a half. Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). "[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.'" Green Tree Fin. "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." Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). also, they tried to pull money out of our account after we told them not too. Enjoy reading our tips and recommendations. When I first encountered Blue World Pools, it initially seemed to be overpriced. Ky. 2014). Feb 9 2015. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. just let me know. Id. Packages include pool equipment and a manufacturers warranty. I got a pool from them, and it isn't what they said it was. I hope this helps you because you are not alone. But after buying one and having it installed, I can see why the price must be where it is. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. The burden of proof is on them to show a proponderance of the evidence that you owe them something. (Docket #1). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Do not buy from this company! 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. 2001). Stacy, 27 F. Supp. 1999). Corp., 912 F.2d 1563, 1567 (6th Cir. 1985)). 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." Id. Registration Sys. (Docket #6). Credit Union v. Donaldson, Lufkin & Jenrette Sec. By Chris Dickerson. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (Docket #5-5). NOT! The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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. BLUE WORLD POOLS, INC., Defendant. 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. 128 reviews of Blue World Pools "WORST company EVER! Carson Street Suite 4925 Carson City Nevada United States of America. The "existence of large arbitration costs could preclude a litigant . (citation and punctuation omitted). In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." 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"). 3:2015cv00335 - Document 10 (W.D. . They put in contract that you must cancel within 3 days by mail. 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 . Defendant has replied. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." It does not deliver what was promised. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. (Docket #5-3). (Docket #6). 367 F.3d 493 (6th Cir. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. 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. LEXIS 58840, *11 (W.D. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." 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. From the time I made an appointment with the sales rep I was so skeptical. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. The pool has been great and easy to keep clean. Submit a complaint and get your issue resolved. Bell Tel. 2d 937, 940 (W.D. 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. (Docket #9). Co., 382 F.3d 624, 627 (6th Cir. I pool ionizer is great, and even after heavy rains the water stays clear. 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. (Docket #1-2). Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. I fell for the whole thing and I don't think it is right. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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." Plaintiffs argue this Court should follow Cooper v. MRM Inv. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. "[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." Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Check your credit report, is there an installment loan listedNO. Morrison, 317 F.3d at 663. I would recommend them to anyone! Blue World Pools Inc No. "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.'" Even though they are a little on the expensive side I would recommend them for the quality. at 491. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. (Docket #6). Discovery due by 10/9/2015. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. The lawyers get paid, and so should you. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Click on the case name to see the full text of the citing case. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. That is illegal. 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. Id. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. The salesman had all types of information and facts about going with the non- chlorine pool. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Give pool pricing write up contract. He was very professional and knowledgeable and answered all my questions and concerns. (Docket #1-2). Could have been an honest mistake. We have been in business since 2001. . An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." "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.'" 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. Any customer who objected was told they could no longer rescind the purchase. "[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." 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." We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. My family and grandkids love this pool. It was installed in late August by a great crew. We tried to call them and make arrangements at first they would do nothing. 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. Conseco Fin. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. 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." We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. Our stability is a result of our long-term commitment to providing value for our customers. Plaintiffs have responded. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." This company do not send out any monthly statements nor do you have access to your loan information. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 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. Financing options are available on Midline and Classic pool models. 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. Preston v. Ferrer,552 U.S. 346, 349 (2008). Contact your states Attorney General. Price - Low to High. 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. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. (Docket #6). 2001), vac'd by 294 F.3d 1275 (11th Cir. 1959) ("one who signs a contract is presumed to know its contents"). "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Prima Paint Corp. v. Flood & Conklin Mfg. This review was chosen algorithmically as the most valued customer feedback. (Docket #6). Holifield v. Beverly Health & Rehab. Id. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Credit Union v. Donaldson, Lufkin & Jenrette Sec. 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"). You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). My family loves it. LEXIS 76486 *20-21 (E.D. 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. My family was sccammed also with this 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." Plaintiffs v. BLUE WORLD POOLS, INC. The pool has been great. Will be used in accordance with our terms of service & privacy policy. This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. 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. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. ANALYSIS In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. I will say the installer was awesome and very thorough, the pool quality is apparent. Ins. 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. 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