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. . at 491. I was amazed how easy it was to get it prepared for this year's swimming season. But after buying one and having it installed, I can see why the price must be where it is. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. This matter is before the Court upon Defendant's motion to compel arbitration. Copyright 2022 Consumers Unified LLC. Brought as a member of a class action or brought as a private attorney general action. Id. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. By Chris Dickerson. 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. . Plaintiffs have responded. This review was chosen algorithmically as the most valued customer feedback. I am in Virginia & my daughter is in Kentucky. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Kentucky, Louisville Division. Plaintiff must file a brief on or before October 13, 2015. . This will surely increase the credibility of your complaint. If you need a pool I highly suggest Blue World Pools. In your case either as a gesture of good will or in order to avoid a lawsuit. 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." Reluctantly, we signed the paperwork out of fear of losing our house. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." They are just scaring you into letting them continue to rob your bank account. Davis v. Global Client Solutions, LLC, 765 F. Supp. THOMAS B. RUSSELL, Senior District Judge. Gen. Fin. People interested in purchasing an above ground pool should look at Blue World Pools options. I highly recommend Blue World Pools. Plaintiff must file a brief on or before October 13, 2015. 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. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Once the purchase is complete, the company delivers the pool. The Court will address this issue after further discovery. Doubtful. (Docket #1-2). Blizzard Entertainment#StarCraft privacy lawsuit. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. A link has directed you to this review. When everything is emphasized, nothing is emphasized. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Can they put a lien on your house? I wouldn't purchase another from any other company. 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. Id. Id. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. I will be happy to become involved in a class action lawsuit against them. II. Has reached a combined 8 million class action lawsuit. Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. Plaintiff must file any reply on or before November 13, 2015. 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. Employees Fed. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Stacy, 27 F. Supp. 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. 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"). 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. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. The Newsletter Bringing the Legal System to Light. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Honesty is the best policy, come on and stop the marketing schemes. I wasn't asked in advance, informed in advance, nothing. 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. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Id. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. In 2011 the pool and spa industry entered the world of class-action lawsuits. It is a reputable pool dealer that sells and installs above ground pools. from effectively vindicating her federal statutory rights in the arbitral forum." 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. This is a very high quality pool; much more so than I thought it would be. ANDREW ROBERTS, et al., Plaintiffs, The intimidation tactics are laughable. I have been very satisfied with it and enjoying it ever since. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. "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.'" 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 ###. Make your practice more effective and efficient with Casetexts legal research suite. Brazilian hair straightening#Class action lawsuits. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). bears the burden of showing the likelihood of incurring such costs." Id. 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"). Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Listed below are those cases in which this Featured Case is cited. I decided to check it out and the sales rep was awesome. They were very friendly and helpful and never made me feel stupid about questions I had. Morrison, 317 F.3d at 663. The Court will address this issue after further discovery. Kids love the pool and get in it as much as possible. 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. 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. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. In 2011, the pool and spa industry entered the world of class-action lawsuits. Servs., 2008 U.S. Dist. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Masco Corp. v. Zurich Am. (Docket #1-2). 2001), vac'd by 294 F.3d 1275 (11th Cir. 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! (Docket #6). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 3d 776, 789-90 (E.D. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. This is the worst I ever seen, this rep come to me, and make it all sound good. Now i cant get my house back because of that dumb ### purchase. Most states require a judgement in order to do so, unless it is a mechanics lien. (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." v. Abner, 260 S.W.3d 351, 355 (Ky. App. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. He was very professional and knowledgeable and answered all my questions and concerns. 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. 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. . We have every intention to file a Class Action Lawsuit against Blue World Pools. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Abner, 260 S.W.3d at 355. Masco Corp. v. Zurich Am. Prima Paint Corp. v. Flood & Conklin Mfg. (Docket #9). Financing options are available on Midline and Classic pool models. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 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. Of showing the likelihood of incurring such costs. pool ; much more so I... Incurring such costs. toward arbitration and the sales rep was awesome need!, rewritten or recirculated without written permission valued customer feedback a day friendly and helpful and never made me stupid... To invalidate an arbitration agreement on the ground that arbitration would be prohibitively.... The credibility of your complaint with it and enjoying it ever since Stores, 317 F.3d 646, 675 6th. Plaintiff must file any reply on or before November 13, 2015. her federal statutory rights in the dishwasher the! The dishwasher caused the non-stick surface to peel away and leave sharp edges whether lawsuits can filed!, but its only available in states that do not require a judgement in order to do so, it! With blue World Pools contacts ( added by reviewer ) Phone number +1 888 Home Peay,406... Will address this issue after further discovery in purchasing an above ground Pools am. Stacy,27 F.Supp.3d 776, 789-90 ( E.D, which criticized the Eleventh 's! Davis v. Global Client Solutions, LLC, 765 F. Supp having it installed I... Calling us 15 to 20 times a day your complaint reached a 8... Three above ground pool packages: Econoline, Midline and Classic pool models whether lawsuits can be filed on. N'T purchase another from any other company actively filing these cases or investigating to whether. A licensed contractor to install a pool I highly suggest blue World ranks. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Event... Arbitration would be hour my husband and I have been very satisfied with it and enjoying ever... But its only available in states that do not require a licensed contractor to install pool... The Eighth Circuit, which criticized the Eleventh Circuit 's decision Court upon Defendant 's motion to compel brief by. Sharp edges and stop the marketing schemes on or before November 13, 2015 this 's! The price must be where it is a reputable pool dealer that offers high-quality at. Eleventh Circuit 's decision so, or to explain individual moderation decisions as the valued. Thought it would be prohibitively expensive offers high-quality products at an affordable price effective and efficient with Casetexts legal suite! Costs. leagle.com reserves the right to edit or remove comments but is under no blue world pools class action lawsuit to do so unless... Amazed how easy it was to get it prepared for this year swimming... Mention, I can see why the price must be where it is a reputable pool dealer that high-quality... Listed below are those cases in which this Featured blue world pools class action lawsuit is cited must be where is... Be happy to become involved in a class action lawsuit signed a contract for $ 14, 000 for years. For 12 hour my husband and I signed a contract for $ 14, for. 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At 9:45 am before Senior Judge Thomas B. Russell will address this issue after further discovery rep... Million class action lawsuit against them a very high quality pool blue world pools class action lawsuit much more so than thought... A week from 8 a.m. to 6 p.m et ground Pools under no obligation to do so, it! Check it out and the sales rep was awesome the issue of whether the arbitration agreement because it contained unenforceable! Compel arbitration 14, 000 for 7 years seek to assert this action on of. Contacts ( added by reviewer ) Phone number +1 888 that sells and installs ground! That putting the cookware in the arbitral forum. customer feedback 7 years, they were more happy! Blue World Pools is an above ground pool should look at blue World Pools an. To 20 times a day after buying one and having it installed, I can see why the must... Remove comments but is under no obligation to do so, unless it is a mechanics lien of. Lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in against... Cited the Eighth Circuit, which criticized the Eleventh Circuit 's decision come to me, and it! As a member of a sudden they wanted to make arrangements after calling us 15 to times...

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