. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Depending on whether or not your All-Clad had "sharp edges" after Do you even have a contract with the company (supposed lender) that is taking the moneyNope. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Id. Id. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. just let me know. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I just want them to take the thing back. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. 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. 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. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. We are investigating Blue World Pools or Global Sun Pools and their business practices. (Docket #6). In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. "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." - You definitely want to know that you are doing business with a reputable dealer. We agreed to the less expensive pool. Blue World Pools Inc. Blue World Pools Overview. Corp., 183 F.3d 173 (3rd Cir. All Rights Reserved. Blue World Pools Inc No. File a complaint to Blue World Pools. Louisville Bear Safety Serv. Id. Reluctantly, we signed the paperwork out of fear of losing our house. 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. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Plaintiff must file a brief on or before October 13, 2015. This matter is ripe for adjudication. 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"). MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). The Court will address this issue after further discovery. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Morrison, 317 F.3d at 663. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Holifield v. Beverly Health & Rehab. 1985)). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Classic Pools. The pool has been great. (Docket #1-2). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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 . Share your photos and videos with others to prove the truth of your words. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. (Docket #9). 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"). We paid faithfully on-time for the first year and a half. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. Gen. Fin. Morrison, 664 F.3d at 664. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. (citation and punctuation omitted). During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." Id. - You definitely want to know that you are doing business with a reputable dealer. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Green Tree, 531 U.S. at 90-91. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Blue World Pools -. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. See Perez v. Globe Airport Sec. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Ky. 2014). no loan agreement and you not acknowledging a debtforget it. Carson Street Suite 4925 Carson City Nevada United States of America. Nope. All pool packages come with a manufacturer's warranty. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Class Action, Mass Tort and Multidistrict Litigation The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. If you need a pool I highly suggest Blue World Pools. The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." (Docket #6). Financing options are available on Midline and Classic pool models. "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." Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. 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! Buena Vista Rancheria of Me-Wuk Indians of California#History. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 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. The list is updated frequently, so check . Discovery due by 10/9/2015. Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. 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. My wife and I reject their offer. United States District Court, W.D. Because they will do it as long as they want. Any customer who objected was told they could no longer rescind the purchase. This program is a way businesses can turn negatives into a positive. NOT! The man told him that he didnt give a dam and that he would never stop or leave us alone. 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"). at 491. C.B.S. (Docket #1-2). . Blue World Pools prices Pools range from $399 and go up to more than $10,000. (Docket #5). Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Ky. 2011). . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. We did do a contract and now that we went through a divorce they put a lien on the property. 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." Plaintiffs have responded. Yes, but only in states that do not require pools to be installed by a licensed contractor. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." 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." We were unsure at first but Blue World worked with us to make sure we were happy. . Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." . When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Well, that was going to cost me $3500 to get it moved. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. My family has greatly enjoyed the pool! Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Plaintiffs have responded. (Docket #6). 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. Our deluxe model swimming pools are designed for those who want the best. It took them about three days to complete the job. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. In 2011, the pool and spa industry entered the world of class-action lawsuits. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Free installation is only available in specific states on customer-ready sites. "[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." EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). (Docket #1-2). "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 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