Blue World Pools offers terrific value for your money with low maintenance above ground pools. 2004); Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). It was installed in late August by a great crew. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. 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. 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. Your choice. Tonight my husband answered the phone when they called us at 9:10 PM. "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." UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Honesty is the best policy, come on and stop the marketing schemes. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. 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. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. 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." Our stability is a result of our long-term commitment to providing value for our customers. This will surely increase the credibility of your complaint. United States District Court, W.D. (Docket #1-2). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. I would recommend them to anyone! 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. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 367 F.3d 493 (6th Cir. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. Our content is intended to be used for general information purposes only. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. 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." Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." v. S. Cent. Co.,382 F.3d 624, 627 (6th Cir. Channel 7 in Georgia did an investigation you should watch it. The company delivers and installs above ground pools. Not as many as a regular pool, maybe, but chemicals anyway. Ky. Sep. 11, 2015). How do I know I can trust these reviews about Blue World Pools? In your case either as a gesture of good will or in order to avoid a lawsuit. Plaintiffs have responded. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Preston v. Ferrer, 552 U.S. 346, 349 (2008). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. We are investigating Blue World Pools or Global Sun Pools and their business practices. 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. Blue World Pools prices Pools range from $399 and go up to more than $10,000. 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. Plaintiffs have responded. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. The complaint has been investigated and resolved to the customers satisfaction. . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). . (Docket #6). This is ClassAction.org's current list of open lawsuits and investigations. I am in Virginia & my daughter is in Kentucky. They just did and said OH WELL. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). 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. British American Tobacco#Canadian class action lawsuit \. Davis v. Global Client Solutions, LLC, 765 F. Supp. (Docket #6). Any customer who objected was told they could no longer rescind the purchase. (Docket #6). Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. It was set up a few days ago and I am so happy with it. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. 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." All Rights Reserved. Brookfield Asset Management#Birch Mountain class action. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. (Docket #1-2). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." My experience with BWP was great from the initial purchase up to the final installation. 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. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. I got a pool from them, and it isn't what they said it was. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. v. Abner,260 S.W.3d 351, 355 (Ky. App. Holifield v. Beverly Health & Rehab. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Stacy, 27 F. Supp. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. 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. I knew it was little flakey when you look at the commercial. Id. . "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." . It took them about three days to complete the job. I wasn't asked in advance, informed in advance, nothing. Stacy, 27 F. Supp. Financing options are available on Midline and Classic pool models. (Docket #5-3). (Docket #1-2). ", 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. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." ANALYSIS ConsumerAffairs is not a government agency. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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 #1-2). 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. Morrison, 664 F.3d at 664. The first time they hung up on us. Share your photos and videos with others to prove the truth of your words. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. www.wspa.com ( pool complaints ) Servs., Inc.,507 F.3d 967, 972 (6th Cir. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. I was amazed how easy it was to get it prepared for this year's swimming season. The salesman was out within a week and we signed the contract. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. You can choose to pay in full or select a financing option. (Docket #1-2). I signed the paperwork to purchase the pool. Also, did you sign an installment agreement with the required true interest cost? CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. 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. "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. (Docket #9). The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. "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.'" Defendant must file a response on or before November 6, 2015. My husband agreed. The company offers free site inspections and consultations. 2004); Rent-A-Center, W., Inc. v. Jackson,561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Its location on this page may change next time you visit. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Brazilian hair straightening#Class action lawsuits. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. 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." The Court shall place the call to counsel. Masco Corp. v. Zurich Am. Thankfully I can do the regular maintenance myself. 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