Blue World Pools Lawsuit

Perkins’ lawsuit against Blue World Pools seeks contract voiding, alleging misrepresentation, with a pretrial set for April 2023. The case, officially titled Perkins et al. v. Blue World Pools Inc. et al., is currently underway in the US District Court. The plaintiffs, Roger D. Perkins and Monica D. Perkins, accuse the defendants, Blue World Pools Inc., Swimline Inc., and Blue World Pools Inc./Global-Sun Pools Inc., of deceptive sales practices.

The Perkins claim that they were misled by Blue World Pools into purchasing a swimming pool under falsified pretenses. They argue that Blue World Pools and its associates, including Swimline Inc. and Global-Sun Pools Inc., misrepresented the terms of the sale, and they seek to have their contract with the company voided.

Blue World Pools Lawsuit Details

Table of Contents

The lawsuit, known as Lawrence v. Blue World Pools, Inc., revolves around several customers who felt deceived by the company’s operations. The plaintiffs claimed that the defendant, Blue World Pools, had committed fraud in the inducement, contravening consumer protection laws. They alleged that the company’s actions led to misrepresentation, thus seeking to nullify their transactions and terminate any security interests.

The crux of this legal dispute centered on arbitration. The plaintiffs contested the existence of a binding arbitration agreement, a contract that would necessitate settling the disagreement outside of court. However, under the Federal Arbitration Act (FAA), such agreements are generally enforceable unless proven otherwise.

The court’s decision favored the defendant, Blue World Pools. It ruled that the arbitration contract was valid and ordered the case to be stayed, compelling the parties to resolve their issues through arbitration. This verdict accentuates the importance of understanding contract details before signing, as well as seeking legal counsel when fraud is suspected.

Parties involved

Blue World Pools Inc., Defendant
Swimline Inc., Defendant
Global-Sun Pools Inc., Defendant
John Christopher Faubion, Attorney for Blue World Pools and Swimline
Theodore Scott Byers, Attorney for Global-Sun Pools
Roger D. Perkins and Monica D. Perkins, Plaintiffs

The cause of action

At the heart of the Blue World Pools lawsuit is an accusation of misrepresentation by the company. Plaintiffs allege that the company increased prices significantly from the original agreement to the actual installation of the pools. This, they assert, wasn’t just an isolated incident but a deceptive practice that was systematically employed by Blue World Pools.

The lawsuit details instances of pool purchases and financing misrepresentation. Pricing and financing options were enticing to potential customers. However, upon finalizing the pool purchase, customers found themselves facing unexpected and heightened costs. This practice, they claim, breached the trust they’d placed in the company and its offerings.

Relief being sought

They seek relief from what they allege to be misrepresentation by Blue World Pools. They claim that the company misrepresented the terms of their contracts, leading to unexpected price increases and financing issues.
The plaintiffs want to void transactions and terminate any security interests that Blue World Pools may have obtained through what they claim are deceptive practices.
They’re challenging the validity of the contracts and arbitration agreements. They argue that these weren’t properly explained or were misleading.
They hope to represent other customers who’ve found themselves in similar situations, facing unexpected price hikes and problems with financing.
The plaintiffs are seeking to compel arbitration to address their disputes and contractual issues with Blue World Pools.

Key events and timeline

Moving on to the key events and timeline, the lawsuit was first filed by Roger D. Perkins and Monica D. Perkins against Blue World Pools Inc. and its related entities in May 2023. Other defendants named in the case included Swimline Inc. and a combined entity of Blue World Pools Inc./Global-Sun Pools Inc.

A significant milestone was the scheduling of the initial pretrial conference. This important meeting was set for April 27, 2023, in the US District Court for the Western District. The pretrial conference marked a crucial phase in the litigation process, allowing the parties involved to discuss and possibly agree upon certain issues before trial.

Legal representation varied among the defendants. John Christopher Faubion and Theodore Scott Byers were appointed as attorneys for different parties. Their roles were pivotal in managing the case and ensuring that their respective clients’ interests were protected.

In further development, pro-hoc vice motions were filed. Attorneys Courtney D. Hilliard and Ted S. Byers put forward these motions, seeking permission to appear in this case even though they aren’t licensed to practice in the jurisdiction of the US District Court.

Key arguments

To paint a clearer picture, here’s an outline of their key arguments:

They questioned the validity of the agreement, raising strong points about its one-sidedness.
They boldly sought discovery on substantive unconscionability, focusing on how the agreement’s terms were unjust or unduly harsh.
They scrutinized the severability clause, arguing its potential to shield unconscionable provisions.
They requested additional time to thoroughly investigate the agreement’s fairness and legality.
They underscored the excessive arbitration costs, arguing that these could deter plaintiffs from exercising their statutory rights.

Current status

In the latest developments of the Blue World Pools lawsuit, all parties have filed an agreed-upon stipulation of dismissal. This recent action signals significant progress in the legal proceedings, marking a pivotal turning point.

In addition to this, the initial pretrial conference, which was an integral part of the lawsuit process, has been canceled. This change in the course of legal events indicates a shift in the lawsuit’s trajectory. It’s not clear what led to this cancellation, but it’s safe to say it’s a crucial development.

Moreover, all parties involved in the lawsuit, including the defendants Blue World Pools Inc., Swimline Inc., and Blue World Pools Inc./Global-Sun Pools Inc., have been asked to submit their scheduling recommendations by April 24, 2023. These recommendations are crucial for further case management and will play a significant role in the next steps.

Implications

The court’s ruling on the validity of the arbitration agreement will determine the forum for dispute resolution. If the agreement is upheld, the plaintiffs will need to resolve their claims through arbitration rather than court proceedings.
A decision against the enforceability of the arbitration agreement due to its unconscionability could set a precedent for future cases involving similar agreements.
The outcome could impact Blue World Pools’ business practices, particularly if the court finds that the company engaged in misrepresentation or violated laws.
If the plaintiffs succeed in voiding their transactions, it could lead to financial losses for Blue World Pools.
A finding in favor of the plaintiffs could potentially lead to other customers questioning the validity of their own contracts with Blue World Pools.