I highly recommend Blue World Pools. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." . The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. v. S. Cent. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. (Docket #6). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." 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"). They are just scaring you into letting them continue to rob your bank account. They ask the court to void the transactions. Check your credit report, is there an installment loan listedNO. 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." (Docket #6). We sell some of the nicest quality products on the market today! Well, that was going to cost me $3500 to get it moved. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Plaintiff must file any reply on or before November 13, 2015. (Docket #1-2). 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"). 3. Feb 9 2015. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. 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. But the pool is installed and we are enjoying it with our grandkids. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. He was right. (Docket #6). What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. (citation and punctuation omitted). The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Some of the contracts have Truth-In-Lending Act (TILA) violations. 1985)). 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 ###. (Docket #6). A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." An above ground pool is a major purchase. We paid faithfully on-time for the first year and a half. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Id. Co.,382 F.3d 624, 627 (6th Cir. (Docket #5-3). (Docket #5). How do I know I can trust these reviews about Blue World Pools? (citation and punctuation omitted). no loan agreement and you not acknowledging a debtforget it. I will be happy to become involved in a class action lawsuit against them. My family loves it. He was very professional and knowledgeable and answered all my questions and concerns. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. I will say the installer was awesome and very thorough, the pool quality is apparent. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). "[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." For more information about reviews on ConsumerAffairs.com please visit our . I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. The pool has been great. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). "[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.'" 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. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 3d 776, 789-90 (E.D. Id. Because they will do it as long as they want. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Brazilian hair straightening#Class action lawsuits. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. Share your photos and videos with others to prove the truth of your words. 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. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. 3:2015cv00335 - Document 10 (W.D. ConsumerAffairs is not a government agency. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. This is the 2nd pool I have had installed by Blue World Pools. "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." When everything is emphasized, nothing is emphasized. Registration Sys. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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.'" Id. 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. Plaintiffs v. BLUE WORLD POOLS, INC. 2002). An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. 1990). 2001) (quoting Harris v. Green Tree Fin. just let me know. I pool ionizer is great, and even after heavy rains the water stays clear. Enjoy reading our tips and recommendations. The complaint has been investigated and resolved to the customers satisfaction. Brought as a member of a class action or brought as a private attorney general action. 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. Conseco Fin. Reluctantly, we signed the paperwork out of fear of losing our house. 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