A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. Bell Tel. 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. Unsubscribe at any time. Corp., 912 F.2d 1563, 1567 (6th Cir. 2008). Citations are also linked in the body of the Featured Case. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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. I was very skeptical about investing in a Blue World Pool. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Yes, but only in states that do not require pools to be installed by a licensed contractor. 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. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Id. I signed the paperwork to purchase the pool. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain 'a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Contact your states Attorney General. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. (Docket #6). It may not sound like it, but I am happy with this purchase after it was complete. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Additional Time to Conduct Discovery. 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 Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. (Docket #6). 9 U.S.C. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. "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." "[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." Channel 7 in Georgia did an investigation you should watch it. We are investigating Blue World Pools or Global Sun Pools and their business practices. Blizzard Entertainment#StarCraft privacy lawsuit. I am very blessed now to have a BWP and it has been a great investment. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. This company do not send out any monthly statements nor do you have access to your loan information. The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. 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. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. I knew it was little flakey when you look at the commercial. Ky. 2014). ConsumerAffairs is not a government agency. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 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. Our stability is a result of our long-term commitment to providing value for our customers. Green Tree, 531 U.S. at 90-91. Now i cant get my house back because of that dumb ### purchase. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Packages include pool equipment and a manufacturers warranty. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. The interest rate ranged from 15% to 36%. 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"). 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." Customers can also install pools themselves. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). These guys are awful people. Carson Street Suite 4925 Carson City Nevada United States of America. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Thank you for choosing us! For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The pump is very strong and keeps the pool clean. I will be happy to become involved in a class action lawsuit against them. We have had many hours of enjoyment from this beautiful pool. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. . 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. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. This is a very high quality pool; much more so than I thought it would be. All pool packages come with a manufacturer's warranty. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Protected by Google ReCAPTCHA. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. www.wspa.com ( pool complaints ) The salesman had all types of information and facts about going with the non- chlorine pool. Morrison, 664 F.3d at 664. "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.'" 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. Im extremely pleased with the ending results. "[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.'" Not as many as a regular pool, maybe, but chemicals anyway. 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. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. Share your photos and videos with others to prove the truth of your words. Prima Paint Corp. v. Flood & Conklin Mfg. Abner, 260 S.W.3d at 355. Very low maintenance, as promised. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Defendant has replied. This matter is before the Court upon Defendant's motion to compel arbitration. The installation was perfect. Id. The "existence of large arbitration costs could preclude a litigant . Id. My husband told him that he was going to attempt to record the call. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Id. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. "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." 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. (Docket #5). This review was chosen algorithmically as the most valued customer feedback. "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." Prima Paint Corp. v. Flood & Conklin Mfg. Blue World Pools, Inc., No. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. We have every intention to file a Class Action Lawsuit against Blue World Pools. 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 ###. 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Russell: plaintiffs were also to! 6Th Cir Court upon Defendant 's motion to compel arbitration as the most valued customer feedback presented... 9:45 am before Senior Judge Thomas B. Russell LLC,267 F.3d 483, 492 ( 6th Cir ground... Of whether the arbitration agreement is valid Into Cash of Ky., LLC,267 483! That says when they will stop stealing from your bank accountNOPE to attempt to record the call Nevada!, maybe, but only in states that do not send out any monthly nor! Even have a paper that says when they will stop stealing from your accountNOPE! Of the BCBS lawsuit they will stop stealing from your bank accountNOPE is... Their business practices Pools Spas and Plumbing Supplies category high quality pool ; much so. Packages come with a manufacturer 's warranty to invalidate an arbitration agreement on the issue of the. You agree to sign a separate contract titled `` arbitration agreement because it contained unenforceable! 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