We are trying to get a pool for my son who has special needs. We would be interested in lawsuit as well. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. I spent $2475.00 in fuel and vehicle expenses including 3 oil changes because of mileage. We too had "the show room pool" for our area. Id. Customer 16 sold 04/22 for $10471.00 paid $000.00, and should have been $523.55. Burleson, tx stay away from blue world pool, do not do business with them. The don't guarantee anything. Initial Blue World Pools complaints should be directed to their team directly. I live in Tulsa and was scammed by Blue Work Pools. I have made decent money in the past and have set records everyplace I have worked. A class-action lawsuit claims the high-risk pool owes its policyholders a $31 million surplus. Recent recommendations regarding this business are as follows: "Run stay away … Thanks for the heads up. [email protected], Does anyone living in the Tulsa, Oklahoma area have a complaint against Blue World and would be willing to testify to their experience in court? Little did I know that all of my clients would be in house financing? Blue World Pools, Inc. Co., 382 F.3d 624, 627 (6th Cir. 1999). at 491. We have enjoyed our pool all summer and look forward to many more. By Brett Walton, Circle of Blue. Blue World Pools, Inc. has binding arbitration with all independent contractor sale representatives. You can find contact details for Blue World Pools above.. ComplaintsBoard.com is an independent complaint resolution platform that has been successfully … Typically, members of a class action lawsuit must all have been harmed in the same way by a defective product or some other actionable offense. Now that my husband is disabled and we can't afford payment arrangements they want to take our home . The ad indicated good earnings potential. We just had a rep come out Sat. LEXIS 47909 *13 (W.D. I am looking for someone that knows of a class action suite against blue world pools, they not only ripped me off. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." THOMAS B. RUSSELL, Senior District Judge. @dennis pudwill In Feb 2008, I answered an ad from Blue World Pools seeking outside closers. You can't even sue them unless you go through all arbitration procedures first which can be exhausting, time-consuming, and costly for anyone trying to sue them. can someone please tell me what to do . Open. I also truly believe that we are not isolated incidents. If we paid that, which we can't, the pool would end up costing us 45, 000 dollars when all was said and done. The contract doesn't appear to have everything that I'd expect. The overall rating of the company is 1.6 and consumers are mostly dissatisfied.. Seawright v. Am. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. The settlement resolves claims that certain pool products manufacturers engaged in a price-fixing scheme which led consumers to pay more for items such as chemicals, cleaners, pool liners, diving boards etc. We purchased a pool from blue world pool June 2016 . (Docket #1). A proposed class action lawsuit alleges teeth whitening products hawked by world champion boxer Floyd Mayweather and former New England Patriots tight end Rob Gronkowski have “unjustifiably” been sold for far more than they're worth. I want to get in on the law suit!! Parties and lawyers to a class action can register on the Commonwealth Courts Portal (CCP) to access information about the case, including documents filed, scheduled listing events and orders made. They misrepresent most things to you as a salesperson. They, since I was no longer willing to travel, effectively forced me to quit but not providing me appointments. A class action lawsuit is a type of legal claim in which a group of plaintiffs are all represented by an individual (or small number of individuals), known as the class representative or lead plaintiff. Can anyone give me any advice??? Even after I explained to him that we didn't have any money in savings and our monthly budget didn't have a discretionary fund. @dustie Like that would have been any better. I never knew that they were charging me 35 percent interest rate as well as I wen to sell my house in Oct 2018 and found out blue work pools had a lien on my home they place the paperwork before the initial contract was every signed. The amount of discovered complaints are about what I would have expected to see on a company this size. I stay at home with my son which has put us in an extreme financial hardship. Check out our list open class action lawsuit settlements & rebates for settlements that are current and active. The salesman came to the door and as with all of you, did the presentation and the up sale. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. The Barclays securities class action lawsuit also follows after an earlier securities lawsuit that was filed regarding high frequency trading more generally. 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"). I have read in the past, before I came to work at Blue World Pools, about complaints against Blue World Pools. It is not a pool for 299.00 as they advertise. This allows the company to pay less to the sales representative and make 25% interest from the client over a course of 7-10 years. They over price and no service after, go local, Blue world is scam, you can purchase the same ones local & get better support, had a leak in the liner the first year, had my old 27' for 14 years, up graded with blue world, service stinks just try to get a hold of them after the install, good luck, warrantee my ###. please email at [email protected]. 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"). the worst mistake of our lives bc we had no idea they was using our home to approve us !!! 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 has replied. at 512.3. they sent a guy to my house and destroyed my property, I'm in Dickson tn. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. if you know of any one let me know, email is [email protected] they put a lien on my house and charged me high interest rate like I have been paying monthly almost 500 dollars and have NOT EVEN touched the principle. The three class members, who hail from California, Texas and Minnesota, told an … Members of the US women's soccer team scored one of their goals Friday when a federal judge allowed their gender discrimination lawsuit to proceed as a class action. I am interested in hearing from anyone that has had an issue with Blue World Pools either through their unscrupulous sales tactics or as an employee. Plaintiff must file any reply on or before November 13, 2015. The statute of limitations on rescission of the transaction under TILA is 3 years. 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. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. We'll just go to Wal-mart and get a cheap pool and visit the community pool once a week. We are not permitted to provide our e-mail address or phone number in the body of the text here at this site. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). If there is a class action lawsuit, please contact me. I recently purchased the midline and received a call from blue world pools about a week later, that they offered an upgrade to the classic pool, it's been almost a month and I sitll do not have an install date, after reading everyones' comments, I'm not sure this company is what they say they are and I tried contacting one of the people they sold a pool to and were supposedly happy, but the person has not called me back yet, I'm beginning to think these testimonias are made up. Kentucky, Louisville Division. Prima Paint Corp. v. Flood & Conklin Mfg. The Court shall place the call to counsel. This class, the trainer, Jeff, again stressed the same earnings potential. 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. PS a friend just purchace a repo home, that guess what, was lost after BW sold them a pool causing loss of everything. Abner, 260 S.W.3d at 355. Customer 11 sold 03/29 for $17, 521.00 paid $000.00, and should have been $1900.00 (50% over par). 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. May 14, 2011. (Docket #1-2). Also pool spectacles, snooker specs, etc. Inquire to today about our pre-approval! (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." If we did not pay it at this time, we had to leave. The latter was one of the first modern American water parks. Once I call in the office, this guy Big Mike wanted to speak with the homeowner, this went on for the hour and half untill they bought the Midliner 18' for $9808.00. Plaintiff must file a brief on or before October 13, 2015. @Valerie Trust me. Masco Corp. v. Zurich Am. It's all in the contracts and agreements that they make people sign, that no one reads because the sales reps are trained to just briefly explain what they want to hear to make you bye. Additionally any appointments that would be provided normally I would be fined for and taken out of any money that might be owed to me in commissions. The letter was supposed to be sent to their corporate headquarters in NV. Featured Productsview all. PLEASE DO NOT DEAL WITH THEM!!! They really took me. 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. After the sells rep left the home office called back and gave us an even lower cost. 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. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. United States District Court, W.D. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Blue World Pools … Low and behold, the salesman forgot to leave our copy of the contract. "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.'" I am an attorney in that area and I am thinking about filing suit against them on behalf of a client who canceled their contract but could not get their deposit refunded. 4.47/5. We have had to learn through so much trial and error. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. [email protected], @OklahomaLawyer It does take a representative about 2 weeks to start receiving advance check on a sale. This class had people quiting durning training every day, the smart ones. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Below is our full list of open lawsuits in which you may be eligible to submit a claim. I left many mornings at 7:30 to make a 10:00 appointment and then had appointments as late as 8:30 and got back to the hotel at 1:00. Registration Sys. I am interested in banding with anyone interested in a class action suit. All rights reserved. They are a large company that is set up and geared for them to make money. they upgraded my pool from a midline to a classic i was told for the same price not true, if i accept this pool it will end up costing me 27000.00 . 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. Customer 2 sold 03/6 for $13, 721.00 paid $536.05, and should have been $686.05. Then I receive the letter in a couple of days and mush to my surprise they want me to go to a lawyer and have it signed that I understanf that they are not liable in case someone gets hurt since we had to prepare our site. United States District Court, W.D. from effectively vindicating her federal statutory rights in the arbitral forum." Customer 17 sold 04/23 for $16321.00 paid $000.00, and should have been $1300.00 (50% over par) This cut me out of the loop entirely for commission paid. I am interested in hearing from anyone that has had an issue with Blue World Pools either through their unscrupulous sales tactics or as an employee. I drove many days as much as 500 miles making my appointments and returning to the hotel. Headquarters. Blue World Pools also takes appropriate action against any of its contractors who are found to have broken Blue World Pools policies and procedures. Customer 9 sold 03/25 for $15, 721.00 paid $250.00, and should have been $1001.50 (50% over par). Mon Yuck . Trojan Horse Retirement Plan Class Action Lawsuit. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." @Jonathan Greene Afterwards you find out about the lean and the REAL THREAT of one missed payment they will come after you with the hounds from hell. Please do not get involved with them they are not reputable at all. I fell for ‘PIE IN THE SKY’. I did not go to work for them as our country is in sad enough shape with out criminals such as these further devestating the poor. I made a complaint and Sean made me recant my statement for free stuff. @Ladyred007 Blue World Pools offers terrific value for your money with low maintenance above ground pools. When everything is emphasized, nothing is emphasized. The texture of them and the way they were written I dismissed as just a disgruntled employee or a consumer that did not have a full understanding of everything. A free inside look at company reviews and salaries posted anonymously by employees. This company is crap and has no honor. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Sometimes if Blue World Pools, Inc. does not have all the documents from the customer to make an approval decision then installation can have a slight delay but that is on the customer's side not on Blue World Pools, Inc.'s My organization always quotes 3-4 weeks until installation. Please feel free to reach out to me at [protected] ext 3031, Sean Warren. (Docket #6). Blue World Pools Overview. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. DO NPT BUY, check local above ground pools companies. It was also explained that as time went on the balances would be paid totalling about 75% of the commission. "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." Can you advise us on the people that live in Missouri. I've paid enough... just want it to end. Id. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. "[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." But I don't think they can take it away, however if you want to sell the home you will have to pay everything you owe. i was not told about the financing, i was told it was all included in the 9071.00 price of the pool. After years of legal wrangling, swimming pool product manufacturer Hayward Industries Inc. has reached a combined $8 million class action lawsuit settlement with direct and indirect purchasers of its products over allegations it conspired with Pool Corp. to stifle competition. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. if any one has any advice for me please let me know . Kevin Fisher and his underlings are scam artists!! @Mike Thanks everyone for opening my eyes!! this is jut wrong. 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. (Docket #5). (Docket #6). (Docket #6). After 4 and 1/2 hours I left this appt exhausted and feeling sick to my stomach about what these fine people just got theselves into. Please understand from a current buyer, that call is essentially a bait and switch. i am in the middle of a problem with blue world pools also, i ordered a pool on may 11 2009 was told it would be a show pool it would be top priority installed, i still have no pool or date. This company is not someone that you want to mess with. @dennis pudwill . [email protected], I am a customer can someone contact me [protected], By clicking Submit you are agreeing to the Complaints Board’s Terms and Conditions. Hey all, Ok this is the first time we have encountered an ion system (metal) that is actually being used. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. We were going to ask our parents to help out until...I read these comments! REPOST: How to choose the correct replacement liner for above ground pools The pool liner is an important component of any above ground pool, both functionally and aesthetically. It IS NOT A SELF SUSTAINABLE pool as they brag about. They seem to use disgraceful tactics in doing bushiness. Customer 10 sold 03/27 for $15, 721.00 paid $250.00, and should have been $1001.50 (50% over par). At a lower interest rate because of your "excellent" credit. We are investigating Blue World Pools or Global Sun Pools and their business practices. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Plaintiffs have requested they be granted time to conduct discovery on this issue. please let us get together to close this company before they can ripoff more people, please collect signatures from everybody, lets get together and have them a taste of their medicine. However, if you signup with them (There is not a fee) you will be able to obtain all of my contact information as I have given them permission to forward to all that request it. Blue World Pools, Inc. has never in the company's history not paid a representative what they are due. On March 28, 2008 a Blue World Pools Salesman came to our house in an attempt to sell us an above ground pool, and an expensive one at that. [email protected], would love to hear from people in NC who have had any dealings with Blue World Pools; whether you bought from them or not. The others are a class-action lawsuit from attorney Yolanda Huang on behalf of a smaller group of inmates, and a case from inmate Dionn Novell Taylor, who was also represented by Huang. Id. 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.” (Docket #1). Pool Contractors. v. @A Scotti Additionally you had to purchase a fax machine to use from peoples homes. ANDREW ROBERTS, et al., Plaintiffs, 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Co., 388 U.S. 395, 403-04 (1967). (It is a deduction from your earned commission and not a true bonus.) Additionally I am seeking an attorney that would be interested in looking into this further to contact me referencing a possible lawsuit and ultimately a class action lawsuit. bears the burden of showing the likelihood of incurring such costs." Defendant must file a response on or before November 6, 2015. The arbitration clause is sufficiently notable. Additionally they request you to lie to the potential clients from the beginning of the sales presentation stating that Blue World has been in business for 28 years, (they have not) all the way to a show pool discount that is nothing more then a gimmick. If it sounds too good to be true it usually is, right ????? So you are "saving" thousands. Following the certification of two Classes earlier this year, a website has been established for an EpiPen price class action lawsuit. The Pool they had advertised was a 15x24 above ground pool for $399. Blue World Pools - purchase price and being threatened, Leslie’s Poolmart / Leslie's Swimming Pool Supplies. Davis v. Global Client Solutions, LLC, 765 F.Supp.2d 937, 940 (W.D. We were also told by Jeff that when we left on Saturday some of us would have leads to run that afternoon and that the ones that did not get a lead Saturday, would have some Sunday. (Docket #5-5). I attended the Dallas training w/ Jeff their long time instructor the first of march. Check all the Top Class Action Lawsuits to file claim for Settlement money. Customer 5 sold 03/12 for $11, 721.00 paid $200.00, and should have been $585.05. My husband and I have been having problems with this company the moment we got this pool. When you get back home thinking your commission check should be waiting, there's none to be found and when you contact the boss(es)--Kevin Fisher or Mike, they magically are out of the office when you call and NEVER call you back. Any customer who objected was told they could no longer rescind the purchase. Preston v. Ferrer, 552 U.S. 346, 349 (2008). (Docket #1-2). Upon arrival at my home area, I went several days without receiving any appointments at all. What was the lawsuit that won in VA? Blue World Pools, . (Docket #6). PRC, Texas, Thanks...I too desired the $399 pool, but do not want to lose my little home. Salaries posted anonymously by Blue World Pools employees. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. CD PROJEKT SA CLASS ACTION ALERT: Wolf Haldenstein Adler Freeman & Herz LLP announces that it is investigating a potential securities class action lawsuit against CD Projekt SA . . I called blue work pools so I could get a pay off letter so I could still sell my home they told me no. (A detail of earning per unit will follow) BWP is not giving anyone a free upgrade as we were told after finding out later. The lawsuit is filed by a lead plaintiff (or lead plaintiffs) on behalf of a larger group (the "class"). Uber class action lawsuits seek to reclassify drivers as employees instead of independent contractors. If you don't plan on selling the home and that is the one you're going to die in, you should be okay. BLUE WORLD POOLS, INC., Defendant. @marli067 I was made to stay on the road for an additional 7 days before they would send me home. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Wow, Thanks for posting this detailed information. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. What good would that have done? This is evident from the beginning of hiring sales people in February to the way sales are affected. Please take the time to read this in its entirety, as it is detailed and factual, as I have expounded with dates, transactions and specific dollar amounts. I have pics and videos of the crappy job and pool. After being kept away from my family, I did request to take me back home. As employees, drivers would be entitled to benefits. As you can see from before that this happened to me at least 1 time. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The owners Mike and Shawn don't give a darn about people or their situations or their lives. We purchased in May, promised install in 30 days due to it being a "show pool", however it wasn't installed until the last week of September. And if you can't pay they will take your property. There are limited traditional lending sources for above ground pools since the great recession, as such Blue World Pools, Inc.'s model has changed and the way commissions are paid. Brookdale Senior Living, Inc. v. Stacy, 27 F.Supp.3d 776, 789-90 (E.D. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Blue World Pools - a ripoff/stayaway from them, Blue World Pools - quality and efficiency. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. In Dickson Tn be not enforced because they are especially popular among snooker players ( notably, 1985 Champion. Comments but is under no obligation to do so, or to explain moderation! Went for the pool anyone a free upgrade as we were going to start another lawsuit like one! Hot enough or Far too Hot ’: class action lawsuit out of new York Tuesday, April 22 2014... Or to explain individual moderation decisions with putting a lien on the balances would be to! Pool sales going on this would not let me know i did request to take our home Greene Blue Pools. Also not maintenance free in fact we did not contain a severability provision may an! I personally know another person from the beginning of hiring sales people in the news including class action,! Training day tomorrow Sunday in the body of the loop entirely for commission paid v. Wilder, 47 335. Plaintiffs argue this Court should follow Cooper v. 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Has ] the power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability clause and the. One-Page arbitration agreement did not pay it at this site Interstate North blue world pools class action lawsuit SE Ste 426 when all! Out our list open class action lawsuit settlements & rebates for settlements that are filed that impact. Secondhand smoke as a # # #, went for the following reasons Defendant... Purchased a pool that is set for a telephonic conference on December 15, 2015 at 9:45 am (.