The Blue Haven Pools & Spas office in Lewisville, Texas, sued the BBB, Better Business Bureau, of Metropolitan Dallas after they lost their 30-year-old accreditation and their rating dropped from an A+ to an F.
Blue Haven’s rating dropped after a disagreement. In 1991, “World’s Largest!” was trademarked as Blue Haven’s logo. The BBB required proof that they really are the “World’s Largest!”
As proof, the company submitted Pool & Spa News’ Top 50 Builders lists showing them at #1. Additionally, Blue Haven stated that since the U.S. has the most active pool market in the world, they are the largest in the world by default.
The BBB rejected the argument and lowered their grade to an F. Blue Haven still maintains an A+ rating with Fort Worth’s BBB, and other BBB offices.
Blue Haven claims that it lost up to $1 million as a result. It also decided to sue the BBB claiming a breach of contract. They state that they paid $1,000 per year to become an accredited business and made an effort to substantiate the advertising claim.
BBB was also accused of using wrongful means to interfere with Blue Haven’s performance and interpreting their advertising requirements unreasonably.
Better Business Bureau officials claimed free-speech rights regarding the rating and moved the suit to be dismissed.The case never went to trial.
The Appeals Court sided with the BBB, ordered the case dismissed and that Blue Haven pay court costs.
Blue Haven tried to take it to the Texas Supreme Court, but they declined the case, so the decision made by the Appeals Court still stands.
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