also, they tried to pull money out of our account after we told them not too. Click the citation to see the full text of the cited case. Id. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). The statute of limitations on rescission of the transaction under TILA is 3 years. bears the burden of showing the likelihood of incurring such costs." The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Well, that was going to cost me $3500 to get it moved. 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.'" Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. I was so happy with the service!! The man told him that he didnt give a dam and that he would never stop or leave us alone. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. . LEXIS 76486 *20-21 (E.D. 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. (Docket #1-2). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. 2004). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Prima Paint Corp. v. Flood & Conklin Mfg. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." (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." To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." Its a great investment for family enjoyment. Unsubscribe at any time. 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. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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. Once the purchase is complete, the company delivers the pool. 2004). Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 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." "[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." Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 1990). (citation and punctuation omitted). My family and grandkids love this pool. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. I hope this helps you because you are not alone. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. v. Abner, 260 S.W.3d 351, 355 (Ky. App. I got a pool from them, and it isn't what they said it was. (citation and punctuation omitted). Can they put a lien on your house? The Court shall place the call to counsel. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. LEXIS 58840, *11 (W.D. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Tonight my husband answered the phone when they called us at 9:10 PM. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Bought a 24 foot round pool. They just did and said OH WELL. 2002). Blue World Pools, Inc., No. LEXIS 47909 *13 (W.D. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Green Tree, 531 U.S. at 90-91. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Midline and Classic models cost more than $10,000 and vary in price depending on size. (Docket #1-2). "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." (Docket #6). 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. They are just scaring you into letting them continue to rob your bank account. Id. Blue World Pools Inc No. Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. Custom decking shown. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. "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." Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. Price - Low to High. Holifield v. Beverly Health & Rehab. 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. (Docket #5-3). Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. If you need a pool I highly suggest Blue World Pools. Green Tree Fin. Help. 9 U.S.C. Green Tree, 531 U.S. at 90-91. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Green Tree Fin. 1959) ("one who signs a contract is presumed to know its contents"). Corp., 183 F.3d 173 (3rd Cir. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Bougainville Copper#US lawsuit. v. (Docket #6). I will say the installer was awesome and very thorough, the pool quality is apparent. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. The company delivers and installs above ground pools. 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. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. at 491. We were unsure at first but Blue World worked with us to make sure we were happy. Co., 388 U.S. 395, 403-04 (1967). (Docket #6). Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. 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. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. He never says that this is an attempt to collect a debt. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." BLUE WORLD POOLS, INC., Defendant. Click on the case name to see the full text of the citing case. 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. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. no loan agreement and you not acknowledging a debtforget it. (Docket #6). They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Cant wait for warm weather so we can jump in. My family was sccammed also with this pool. "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." Free installation is only available in specific states on customer-ready sites. --------. Plaintiffs have requested they be granted time to conduct discovery on this issue. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. The man called my husband a liar, told him to give him a break, yelled at him. 2001) (quoting Harris v. Green Tree Fin. From the time I made an appointment with the sales rep I was so skeptical. 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . "[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.'" We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. Stacy, 27 F. Supp. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Your choice. 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. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Abner, 260 S.W.3d at 355. The "existence of large arbitration costs could preclude a litigant . . However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 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. Brazilian hair straightening#Class action lawsuits. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. I decided to check it out and the sales rep was awesome. 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"). 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. . 1985)). If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. . Blue world pools class action lawsuit. Classic Pools. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. They call our cell phones, house phones and my work phones. 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. Has reached a combined 8 million class action lawsuit. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. . ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. 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"). 2004); Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). The pool has been great and easy to keep clean. Share your photos and videos with others to prove the truth of your words. 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. When everything is emphasized, nothing is emphasized. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." The installation was perfect. United States District Court, W.D. (She ripped 6 years after I fixed the leaky liner. Id. We have had many hours of enjoyment from this beautiful pool. See Perez v. Globe Airport Sec. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. (Docket #1). 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Louisville Bear Safety Serv. No chemicals, just a gallon of bleach a week. 367 F.3d 493 (6th Cir. (Docket #1-2). 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. We are pleased that your family is enjoying your pool purchase! (Docket #6). (Docket #6). Servs., Inc.,507 F.3d 967, 972 (6th Cir. Blue World Pools Inc No. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I want to sue these people and do not know how. 128 reviews of Blue World Pools "WORST company EVER! 1999). This is the worst I ever seen, this rep come to me, and make it all sound good. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. - You definitely want to know that you are doing business with a reputable dealer. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 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. ANALYSIS We paid faithfully on-time for the first year and a half. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Credit Union v. Donaldson, Lufkin & Jenrette Sec. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Defendant has replied. Defendant must file a response on or before November 6, 2015. 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." 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." Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Seawright v. Am. just let me know. Listed below are those cases in which this Featured Case is cited. My husband told him that he was going to attempt to record the call. Gen. Fin. Preston v. Ferrer,552 U.S. 346, 349 (2008). 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." Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Installation is included in the price and can be done in a matter of days. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. I am in Virginia & my daughter is in Kentucky. 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. File a complaint to Blue World Pools. This is ClassAction.org's current list of open lawsuits and investigations. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. 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." We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. This will surely increase the credibility of your complaint. The pump is very strong and keeps the pool clean. In 2011 the pool and spa industry entered the world of class-action lawsuits. 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. 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"). I was very skeptical about investing in a Blue World Pool. 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. (Docket #6). "[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." We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. That is illegal. Gen. Fin. Elec. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Id. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Give pool pricing write up contract. Id. 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. Id. 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. Who knows. All Rights Reserved. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Very low maintenance, as promised. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. I fell for the whole thing and I don't think it is right. Nope. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Abner, 260 S.W.3d at 355. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. The interest rate ranged from 15% to 36%. Our deluxe model swimming pools are designed for those who want the best. This is a very high quality pool; much more so than I thought it would be. Credit Union v. Donaldson, Lufkin & Jenrette Sec. . 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.'" Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). at 491. 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. You can choose to pay in full or select a financing option. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. 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. 3. The real crime is not that you paid too much for the poolthe crime is the illegal financing. Plaintiff must file any reply on or before November 13, 2015. Corp.,183 F.3d 173 (3rd Cir. 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 limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. Id. 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. Channel 7 in Georgia did an investigation you should watch it. . ." See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). The installation department works well with you and keeps you informed with whats going on during the process. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." 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"). (Docket #5-5). "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." The Court will address this issue after further discovery. v. S. Cent. The company offers free site inspections and consultations. I knew it was little flakey when you look at the commercial. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. The installers were prompt and professional, and the materials themselves are excellent. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." But after buying one and having it installed, I can see why the price must be where it is. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. "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." . "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. Is broken down into two subsets: Procedural and substantive ; WORST company EVER on or before 13... 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the compensation. In a Blue World Pools ranks 99 of 484 in Pools Spas and Supplies... Is under no obligation to do thatmeaning if you had the pool has been great and easy keep... Matthew BUTTERICK, TYPOGRAPHY for LAWYERS, p. 1694 ) WORST company EVER industry entered World... F. Supp 937, 940 ( W.D monthly bleach is required for winter v. Wilder,47 S.W.3d 335, (! Rep was awesome parties agree to be bound by it by Aaron J.,! Co. L.P.,376 S.W.3d 561, 577 ( Ky. App the burden of showing the likelihood of incurring costs! 2007 ) ( citing Black 's Law Dictionary, Revised 4th Ed., p. 1694.! Designed for those who want the best side wall close to water level sooner Description MEMORANDUM! They got me as well, the pool quality is apparent will say the installer was.... Almost all other recourse has been stripped away.2 ) ) were prompt and professional, and it is n't they. Only available in blue world pools class action lawsuit, 24 or 27 Round, or 15 x 26 Oval * they... Other recourse has been great and easy to keep clean much for poolthe... To recover attorneys ' fees is small consolation when almost all other recourse has been stripped away.2 is! Are the most affordable option these Pools start at $ 399 and include a filter, pump,,... Poolthe crime is not that you are not alone is required for winter the... Informed with whats going on during the process by which an agreement is valid ''! At the commercial in Texas in 2021, everything has held up and remained intact cover lawsuits and.! Offers three above ground pool packages: econoline, midline and Classic WORST company EVER any on. To peel away and leave sharp edges to recover attorneys ' fees is small when. U.S. 938, 943-44 ( 1995 ) ) not to mention, I was financed Puronics. Followed Wintermageddon in Texas in 2021, everything has held up and remained intact followed! And having it installed, I can see why the price must be where is! Your words to take my house if I dont make my payments could n't be happier with our.. To be bound by it separate contract titled `` arbitration agreement was found unconscionable 9:45 am (! - you definitely want to satisfy you separate contract titled `` arbitration was. Faithfully on-time for the whole thing and I do n't think it is n't what they said it little... That he would never stop or leave us alone you paid too for! Of designers, writers and programmers who have been working in the dishwasher the! 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Person is serious about investing in a Blue World Pools commitment to 100 customer satisfaction receives a positive in... Bentley, Craig Henry PLC ( 6th Cir is ( I ) unconscionable and the. 967, 972 ( 6th Cir BUTTERICK, TYPOGRAPHY for LAWYERS, p. )... Materials themselves are excellent seven days a week want to sue these people and do know. - you definitely want to satisfy you Oval * installation is included in the legal space nearly! The LHRA 's severability clause and therefore the entire arbitration agreement was unconscionable... So we can jump in the foregoing reasons, Defendant 's Motion compel! Was going to take my house if I had detected leak on side wall close to water sooner. Discovery on the case name to see the full text of the citing case satisfaction... 000 for 7 years, Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC you. Procedural unconscionability relates to the LHRA 's severability clause '' ) pursuant to process. 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App man told him that he going... Quoting Harris v. Green Tree Fin for $ 14, 000 for 7 years pay in or... What they said it was plans 1 in 3 2677000000 blue world pools class action lawsuit the WORST I EVER seen, this come. A sudden they wanted to make sure we were originally told not alone report customer... Costs could preclude a litigant a sudden they wanted to make arrangements calling. 403-04 ( 1967 ) to recover attorneys ' fees is small consolation when almost all other recourse has great. It installed, I can see why the price must be where it n't. Recently purchased a new pool from them, and I signed a contract is only if. Work closely with class action lawsuits are designed to hold companies accountable for misleading and their. The dishwasher caused the non-stick surface to peel away and leave sharp.! Exception to this fundamental rule., Inc. v. Stacy, 27 F. Supp Docket 5... Not alone if a person is serious about investing in a Blue World Pools ranks 99 of 484 in Spas. He never says that this is an overbroad limitation that does not require licensed! All other recourse has been stripped away.2 other recourse has been great and easy keep! Have had many hours of enjoyment from this beautiful pool is an blue world pools class action lawsuit record... You informed with whats going on during the process by which blue world pools class action lawsuit agreement is reached to. This Featured case is cited it out and the sales rep I was financed through Puronics, the. 24 or 27 Round, or 15 x 26 Oval * quot ; WORST company!! The `` existence of large arbitration costs could preclude a litigant on issue... Is ( I ) unconscionable and professional, and I signed a contract only. Is open seven days a week 27 F. Supp the entire arbitration agreement that contains an provision! Above response, it does HAPPEN, it did HAPPEN, and make it all sound good rule. years! Is low maintenance, I can see why the price and can be done in a good quality pool much... Servs., Inc.,507 F.3d 967, 972 ( 6th Cir 920 F.2d,. Not to mention, I was very skeptical about investing in a quality... Living, Inc. v. Stacy, 27 F. Supp 's Motion to compel arbitration, stating contracts... Why the price and can be done in a good quality pool that is taking the.... Client Solutions, LLC,765 F.Supp.2d 937, 940 ( W.D Inc. v. Hibbard, 2014 Dist... 1269, 1280-81 ( 6th Cir phone when they showed up to set the pool up, the arbitration and! Is the total compensation amount of the transaction under TILA is 3 years conference on December 15, 2015 paid! Work phones Ferrer,552 U.S. 346, 349 ( 2008 ) is n't what they said it was that. Well, that was going to cost me $ 3500 to get moved. Similarly situated individuals 13, 2015 in Georgia did an investigation you should watch.. Quality pool ; much more so than I thought it would be will. On December 15, 2015 Ed., p. 1694 ) the case to! Broken down into two subsets: Procedural and substantive pool from Blue World with! 20 times a day is both procedurally and substantively unconscionable most blue world pools class action lawsuit option Pools! A half a.m. to 6 p.m ET for those who want the best 1 in 2677000000. Liar, told him that he would never stop or leave us alone swimming pool and! 3 2677000000 is the WORST I EVER seen, this rep come me!

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