Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. LEXIS 58840, *11 (W.D. ANALYSIS Id. Kentucky, Louisville Division.https://leagle.com/images/logo.png. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." The parties must complete discovery by October 9, 2015. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. at 512.3. My family was sccammed also with this pool. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Buena Vista Rancheria of Me-Wuk Indians of California#History. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. It was installed within a few months and weve been happy ever since. Green Tree Fin. Seawright v. Am. Classic Pools. You can choose to pay in full or select a financing option. Masco Corp. v. Zurich Am. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. First one lasted 14 years with same original pump and sand filter! (Docket #1-2). The salesman was out within a week and we signed the contract. (She ripped 6 years after I fixed the leaky liner. 2001), vac'd by 294 F.3d 1275 (11th Cir. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). The sales team does over sale the zero maintenance, no chemicals and no draining for winter. 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. CIVIL ACTION NO. The man called my husband a liar, told him to give him a break, yelled at him. . Green Tree, 531 U.S. at 90-91. This matter is before the Court upon Defendant's motion to compel arbitration. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. An above ground pool is a major purchase. Servs., 2008 U.S. Dist. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. 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. Morrison, 664 F.3d at 664. 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. Attorneys. "[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.'" 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. . The man told him that he didnt give a dam and that he would never stop or leave us alone. Id. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. We too were scammed. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. My husband agreed. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). The company delivers and installs above ground pools. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 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! We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. No chemicals, just a gallon of bleach a week. 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. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Custom decking shown. Id. Id. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." (Docket #6). Ky. 2014). When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Nope. Morrison, 664 F.3d at 664. "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." But the pool is installed and we are enjoying it with our grandkids. My family loves it. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 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." Credit Union v. Donaldson, Lufkin & Jenrette Sec. 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." I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. 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. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. I had been told it would be free of charge. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. (Docket #6). The complaint has been investigated and resolved to the customers satisfaction. 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.'" Copyright 2022 Consumers Unified LLC. Listed below are those cases in which this Featured Case is cited. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. "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." I would recommend them to anyone! "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Thank you for choosing us! 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. . Reluctantly, we signed the paperwork out of fear of losing our house. . also, they tried to pull money out of our account after we told them not too. (Docket #1-2). (Docket #5). Make your practice more effective and efficient with Casetexts legal research suite. Registration Sys. Blue World Pools Inc No. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. 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. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. But when the pool got there we had to pay extra for 52 inches. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. 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. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." Defendant must file a response on or before November 6, 2015. 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. Our stability is a result of our long-term commitment to providing value for our customers. Brought as a member of a class action or brought as a private attorney general action. 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 arbitration clause is sufficiently notable. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Has reached a combined 8 million class action lawsuit. Cant wait for warm weather so we can jump in. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. ANDREW ROBERTS, et al., Plaintiffs, (Docket #1-2). 1959) ("one who signs a contract is presumed to know its contents"). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Id. Plaintiffs argue this Court should follow Cooper v. MRM Inv. So, we're kind of orphaned right now. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. Blue World Pools Inc No. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Do not buy from this company! 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