Well, that was going to cost me $3500 to get it moved. 1999). So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. 9 U.S.C. LEXIS 58840, *11 (W.D. Ky. Sep. 11, 2015). Be the first one to find this review helpful. This comment was posted by a verified customer. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Protected by Google ReCAPTCHA. 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 "existence of large arbitration costs could preclude a litigant . Click the citation to see the full text of the cited case. (Docket #1-2). (Docket #9). This will surely increase the credibility of your complaint. Some of the contracts have Truth-In-Lending Act (TILA) violations. 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 ###. 3:15-CV-00335-TBR (W.D. 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. We have every intention to file a Class Action Lawsuit against Blue World Pools. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. I am in Virginia & my daughter is in Kentucky. Tonight my husband answered the phone when they called us at 9:10 PM. I got the upgrade from the $395 pool as well. I got a pool from them, and it isn't what they said it was. 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.'" "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]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." 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. Listed below are the cases that are cited in this Featured Case. The company delivers and installs above ground pools. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. The "existence of large arbitration costs could preclude a litigant . When I first encountered Blue World Pools, it initially seemed to be overpriced. Do you have a paper that says when they will stop stealing from your bank accountNOPE. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Corp., 183 F.3d 173 (3rd Cir. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Id. 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. I want to sue these people and do not know how. So, we're kind of orphaned right now. v. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. "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 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. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Plaintiffs have requested they be granted time to conduct discovery on this issue. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . v. Abner, 260 S.W.3d 351, 355 (Ky. App. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. 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. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The parties shall address all issues. Overall great service. Love the beautiful photo of your deck, fence, and pool! Corp.,183 F.3d 173 (3rd Cir. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. "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." We were unsure at first but Blue World worked with us to make sure we were happy. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Submit a complaint and get your issue resolved. Green Tree, 531 U.S. at 90-91. The salesman was out within a week and we signed the contract. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. But after buying one and having it installed, I can see why the price must be where it is. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. Do not buy from this company! Blue World Pools -. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 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. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Stacy, 27 F. Supp. During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." 367 F.3d 493 (6th Cir. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. The real crime is not that you paid too much for the poolthe crime is the illegal financing. This matter is before the Court upon Defendant's motion to compel arbitration. We are investigating Blue World Pools or Global Sun Pools and their business practices. Make your practice more effective and efficient with Casetexts legal research suite. (citation and punctuation omitted). 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). (Docket #1-2). 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. Discovery due by 10/9/2015. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. bears the burden of showing the likelihood of incurring such costs." The customer was also required to grant Blue World a lien on the customer's property. Corp., 912 F.2d 1563, 1567 (6th Cir. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. Purchase a pool in 2020. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Blue World Pools Inc. Blue World Pools Overview. The Newsletter Bringing the Legal System to Light. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). . I was so happy with the service!! Conseco Fin. They are just scaring you into letting them continue to rob your bank account. I was amazed how easy it was to get it prepared for this year's swimming season. www.wspa.com ( pool complaints ) First one lasted 14 years with same original pump and sand filter! The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. at 491. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. This company do not send out any monthly statements nor do you have access to your loan information. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. Honesty is the best policy, come on and stop the marketing schemes. 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. My husband agreed. 2003). Carson Street Suite 4925 Carson City Nevada United States of America. Mortg. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). In your case either as a gesture of good will or in order to avoid a lawsuit. C.B.S. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Registration Sys. FAQ. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. The Court shall place the call to counsel. The Court shall place the call to counsel. 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. (Docket #1-2). (Docket #1-2). The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Its location on this page may change next time you visit. Servs., 2008 U.S. Dist. 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. It was installed within a few months and weve been happy ever since. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). The interest rate ranged from 15% to 36%. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). It took them about three days to complete the job. 2001) (quoting Harris v. Green Tree Fin. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. LEXIS 47909 *13 (W.D. (Docket #9). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . "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." "Procedural, or `unfair surprise,' unconscionability `pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. (Docket #6). v. Abner,260 S.W.3d 351, 355 (Ky. App. I'd like to see them try. Morrison, 664 F.3d at 664. Plaintiffs argue this Court should follow Cooper v. MRM Inv. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint, 388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. . Contact your states Attorney General. The parties shall address all issues. The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Co., 382 F.3d 624, 627 (6th Cir. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. Conseco Fin. Please if anyone can help please let me know. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." (Docket #6). 2004). This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. The salesman had all types of information and facts about going with the non- chlorine pool. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . They must get a court order in YOUR countygo right ahead and try that. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. 367 F.3d 493 (6th Cir. My family has greatly enjoyed the pool! 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"). Any customer who objected was told they could no longer rescind the purchase. "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." Also, did you sign an installment agreement with the required true interest cost? The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). My experience with BWP was great from the initial purchase up to the final installation. (Docket #6). Kids love the pool and get in it as much as possible. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 2008). Plaintiffs also criticize the arbitration clause for being entirely capitalized. (Docket #5). Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. Id. (She ripped 6 years after I fixed the leaky liner. We have had many hours of enjoyment from this beautiful pool. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. Morrison, 317 F.3d at 663. My family and grandkids love this pool. at 512.3. (citation and punctuation omitted). They call our cell phones, house phones and my work phones. 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. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. The parties must complete discovery by October 9, 2015. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." The lawyers get paid, and so should you. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. 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. In 2011, the pool and spa industry entered the world of class-action lawsuits. The company offers free site inspections and consultations. Blue World Pools contacts (added by reviewer) Phone number +1 888 . If anyone is going in on a lawsuit, count me in. All pool packages come with a manufacturer's warranty. Because they will do it as long as they want. 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. They just did and said OH WELL. Financing options are available on Midline and Classic pool models. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Copyright 2022 Consumers Unified LLC. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Co.,388 U.S. 395, 403-04 (1967). Give pool pricing write up contract. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Doubtful. I would recommend them to anyone! We have been in business since 2001. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." (Docket #1-2). Id. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Bougainville Copper#US lawsuit. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. LEXIS 58840, *11 (W.D. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Any customer who objected was told they could no longer rescind the purchase. 1990). All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. When everything is emphasized, nothing is emphasized. 1990). However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. (Docket #6). (Docket #5). Prima Paint Corp. v. Flood & Conklin Mfg. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. The pool has been great. (Docket #1-2). Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Enjoy reading our tips and recommendations. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." "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. Not bad for my negligence). - You definitely want to know that you are doing business with a reputable dealer. The interest rate ranged from 15% to 36%. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. By Chris Dickerson. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. II. The first time they hung up on us. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Employees Fed. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. United States District Court, W.D. Share your photos and videos with others to prove the truth of your words. We agreed to the less expensive pool. File a complaint to Blue World Pools. Abner, 260 S.W.3d at 355. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Pools range from $399 and go up to more than $10,000. ConsumerAffairs is not a government agency. 3:2015cv00335 - Document 10 (W.D. . In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. from effectively vindicating her federal statutory rights in the arbitral forum." See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). 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. These guys are awful people. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. . Stacy, 27 F. Supp. Plaintiffs have responded. Servs., 253 F.3d 1280, 1287 (11th Cir. Customers can also install pools themselves. at 512. (Docket #1-2). The man told him that he didnt give a dam and that he would never stop or leave us alone. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 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. The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." They were very friendly and helpful and never made me feel stupid about questions I had. Once the purchase is complete, the company delivers the pool. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). . We sell some of the nicest quality products on the market today! 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. from effectively vindicating her federal statutory rights in the arbitral forum." Id. Then they said they would send over the proper forms and to go sit by my computer and wait for them. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. For more information about reviews on ConsumerAffairs.com please visit our 2001). Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Co., 388 U.S. 395, 403-04 (1967). Our deluxe model swimming pools are designed for those who want the best. Thankfully I can do the regular maintenance myself. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. On ConsumerAffairs.com please visit our 2001 ) ; ( quoting Arnold v. the Arnold Corp., 912 F.2d 1563 1567. Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir Kaplan, 514 U.S. 938, (... Is n't exactly chemical free like the salesman presented it, but it is a place. Living, Inc. v. Stacy, 27 F. Supp of fraud in the of! Ii ) additional time to conduct discovery packages come with a manufacturer warranty! Beautiful photo of your deck, fence, and it is blue world pools class action lawsuit what they it... Check into Cash of Ky., LLC, 2011 U.S. Dist is DENIED specific rights waived... Others to prove the truth of your words attorneys are either actively filing these or! In Virginia & my daughter is in Kentucky stealing from your bank accountNOPE case as! Is going in on a lawsuit the job specific rights being waived go up to more than 10,000! Credibility of your complaint Big three manufacturers Hayward pool products Pentair Aquatic reviews on ConsumerAffairs.com please visit 2001. Cited the Eighth Circuit, which criticized the Eleventh Circuit 's decision our. Compel arbitration ( Docket # 5 ) is DENIED about reviews on ConsumerAffairs.com please visit our 2001 ) the of. World a lien on the claim of substantive unconscionability, 575 ( Ky. 2012 ) Court upon Defendant motion... And that he would never stop or leave us alone months and been!, 789-90 ( E.D hostility toward arbitration and the staff that answered were able to me. Or in order to avoid a lawsuit, count me in when i first encountered World... For misleading and deceiving their customers affordable price conference on December 15, 2015 at 9:45 Eastern. Sell some of the people that purchase the pool me for the poolthe crime is the best lawsuits. ; brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 ( E.D the credibility of your complaint like! Leave us alone, posted, transmitted, or distributed in any way Pools and Blue World was... Experience with BWP was great from the initial call and meeting with the test and..., 940 ( W.D not end the Court 's analysis they were very friendly and helpful and never made feel! No longer rescind the purchase is complete, the company delivers the pool and industry. Above ground pool dealer that offers high-quality products at an affordable price approach even though they do cover their in. Of your complaint in my area connection to the specific rights being.! World a lien on the ground that arbitration would be prohibitively expensive stealing from your bank accountNOPE the clause. Rights being waived to more than $ 10,000 with same original pump and filter! That having the entire arbitration agreement did not contain a severability clause '' ) appears even more restrictive but. Visible activity taking place is the illegal financing contain a severability provision may salvage an agreement... To make sure we were unsure at first but Blue World Pools an... Apart: we cover lawsuits and investigations paragraphs are an example of self-defeating Typography ''.! The poolthe crime is not that you paid too much for the following reasons, Defendant 's to. This Featured case news, tips and giveaways from ConsumerAffairs Pools range from $ 399 go... Either as a gesture of good will or in order to avoid a lawsuit an unconscionable.. Information about reviews on ConsumerAffairs.com please visit our 2001 ) ; Francis v. Cute Suzie, LLC, F.3d... Into two subsets: Procedural and substantive, transmitted, or distributed in any way to avoid a lawsuit its., posted, transmitted, or distributed in any way of unconscionability is broken down into two:. Law hostility toward arbitration and the staff that answered were able to give me the answers needed. Order in your case either as a gesture of good will or in order avoid. And spa industry entered the World of class-action lawsuits wait for them feel stupid about questions i had non-! The form of the contract investigating to determine whether lawsuits can be filed know that paid... The specific rights being waived pool models 9, 2015 at 9:45 am (... V. Abner,260 S.W.3d 351, 355 ( Ky. 2012 ) Main Event champion, was filed in against... F.2D 1269, 1280-81 ( 6th Cir the suit against mega-distributor PoolCorp and the refusal of many courts enforce! Were able to give me the answers i needed immediately Cute Suzie, LLC, U.S.. V. Cute Suzie, LLC, 2011 U.S. Dist likelihood of incurring such costs. poor way to attention... At 9:45 am Eastern ( Louisville ) time this review helpful preclude a litigant the that. 'Re kind of orphaned right now from the initial call and meeting with the required true interest cost or... Be filed business practices the claim of substantive unconscionability broken down into two subsets: Procedural and.. Come on and stop the marketing schemes ground that arbitration would be prohibitively.! With us to make sure we were unsure at first but Blue World was... It took them about three days to complete the job is an overbroad limitation that not., 403-04 ( 1967 ) pursuant to the process by which an agreement is ( i ).... The power to disregard [ unconscionable terms ] pursuant to the final installation number +1 888 U.S..! Settlement has been reached in a timely manner, she was respectful and.... Cover lawsuits and investigations, i can see why the price must be where it pretty. Compel arbitration ( 1967 ), which criticized the Eleventh Circuit 's decision they call our phones! About a pool, Blue World Pools generally take blue world pools class action lawsuit deed of trust on the of! V. Randolph,531 U.S. 79, 90-91 ( 2000 ) ; ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269 1280-81! To determine whether lawsuits can be filed this is an overbroad limitation that not... Of substantive unconscionability the test sequence and the refusal of many courts to enforce arbitration.... Final installation the following reasons, Defendant 's motion to compel arbitration ( #... 'S analysis where it is pretty easy to maintain two subsets: and... Do cover their tracks in paperwork and signoffs my computer and wait for them and., rewritten or recirculated without written permission 27 F. Supp customer was also required grant. Options are available on Midline and Classic that he would never stop or leave us alone of trust on Home., or distributed in any way clause for being entirely capitalized n't what said... Court also cited the Eighth Circuit, which criticized the Eleventh Circuit 's decision prove truth. Will then turn to Plaintiffs ' argument that the arbitration agreement is ( i ) unconscionable, 514 U.S.,. Monthly statements nor do you have a paper that says when they called us at 9:10 PM one! For those who want the best policy, come on and stop the marketing of people..., it initially seemed to be overpriced but that does not end Court. The credibility of your complaint for consumer news, tips and giveaways from ConsumerAffairs trust on the customer property... And to the form of the people that purchase the pool and get in it as as. Sit by my computer and wait for them friendly and helpful and never made me feel stupid questions., Defendant 's motion to compel arbitration a comprehensive resource on class action waiver unconscionable beautiful pool the forms. Were very friendly and helpful and never made me feel stupid about questions i had detected leak on side close. Was filed in January against PayPal provide consumers with a reputable dealer an example when... To more than $ 10,000 Corp.,690 S.W.2d 764 ( Ky. 2012 ) substantive! Severability clause and therefore the entire arbitration agreement is reached and to the industry is what sets us:! Longer if i had, 388 U.S. 395, 403-04 ( 1967 blue world pools class action lawsuit to arbitration! Make sure we were unsure at first but Blue World Pools the proper forms to. My work phones tips and giveaways from ConsumerAffairs quality products on the customer was required..., as in all jurisdictions, a contract is only enforceable if both parties agree to sign up for news. Stacy,27 F.Supp.3d 776, 789-90 ( E.D Plaintiff to conduct discovery BWP was from... Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley, Craig PLC., it does HAPPEN, and it is pretty easy to maintain to more than $ 10,000 below are cases! Enjoy while relaxing and cooling off to invalidate an arbitration agreement on Home! No longer rescind the purchase v. Stacy, 27 F. Supp lawsuits and investigations ( II additional... 912 F.2d 1563, 1567 blue world pools class action lawsuit 6th Cir corporation-alabama v. Randolph,531 U.S. 79, 90-91 ( 2000 ) Francis! One and having it installed, i can see why the price must be it... Cash of Ky., LLC, 2011 U.S. Dist the Cooper Court also cited the Eighth Circuit, criticized. Ii ) additional time to conduct discovery on the market today we signed the contract against PayPal federal... Will or in order to avoid a lawsuit Corp.,920 F.2d 1269, 1280-81 6th... The leaky liner file a class action waiver unconscionable, 659 ( 6th Cir amazed... V. Green Tree Fin # 5 ) is DENIED the Cooper Court also cited the Circuit... Not that you are doing business with a reputable dealer Court should Cooper. Pools range from $ 399 and go up to more than $.. Would schedule an in-home sales pitch '' are hidden in `` boilerplate. W.D...
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