I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. no loan agreement and you not acknowledging a debtforget it. This is ClassAction.org's current list of open lawsuits and investigations. Then they said they would send over the proper forms and to go sit by my computer and wait for them. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. C.B.S. Id. (Docket #6). . THOMAS B. RUSSELL, Senior District Judge. (Docket #6). I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. 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. Im extremely pleased with the ending results. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. . Yes, but only in states that do not require pools to be installed by a licensed contractor. (Docket #6). The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. (Docket #1-2). The salesman was out within a week and we signed the contract. v. S. Cent. - You definitely want to know that you are doing business with a reputable dealer. I will be happy to become involved in a class action lawsuit against them. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. If anyone is going in on a lawsuit, count me in. (Docket #9). Bougainville Copper#US lawsuit. From the time I made an appointment with the sales rep I was so skeptical. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. 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. They tricked us into the whole lien on our home as well. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Nope. This comment was posted by a verified customer. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 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." The real crime is not that you paid too much for the poolthe crime is the illegal financing. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." They ask the court to void the transactions. Bell Tel. This company do not send out any monthly statements nor do you have access to your loan information. Even though they are a little on the expensive side I would recommend them for the quality. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. 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. 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 . It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. 2008). 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. Blue world pools class action lawsuit. We did do a contract and now that we went through a divorce they put a lien on the property. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Blue World Pools does not handle regular maintenance or pool deck installation. (Docket #6). Seawright v. Am. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Plaintiffs have requested they be granted time to conduct discovery on this issue. Click on the case name to see the full text of the citing case. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. (Docket #1-2). The Court shall place the call to counsel. It does not deliver what was promised. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. 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. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . I was so happy with the service!! 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 . We had to close the account. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Customers can also install pools themselves. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Id. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 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. 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"). (Docket #5). 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. 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. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." I fell for the whole thing and I don't think it is right. This is a very high quality pool; much more so than I thought it would be. I highly recommend Blue World Pools. 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." 3:2015cv00335 - Document 10 (W.D. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. We agreed to the less expensive pool. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Attorneys. "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." 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. Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. I want to sue these people and do not know how. Stacy, 27 F. Supp. 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." Co.,388 U.S. 395, 403-04 (1967). Not bad for my negligence). Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Morrison, 317 F.3d at 663. 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"). ANDREW ROBERTS, et al., Plaintiffs, 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. In 2011 the pool and spa industry entered the world of class-action lawsuits. 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. Listed below are those cases in which this Featured Case is cited. (Docket #9). Do not buy from this company! Could have been an honest mistake. Most states require a judgement in order to do so, unless it is a mechanics lien. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. A rep came to the house and told us all the great things about this pool. 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." I wouldn't purchase another from any other company. Who knows. C.B.S. I wasn't asked in advance, informed in advance, nothing. This is the 2nd pool I have had installed by Blue World Pools. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Id. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." the steps are damage and the pool become an pain to handle. "[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." A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." By now, you are probably aware of the data breach and whether your records were affected. LEXIS 47909 *13 (W.D. Has reached a combined 8 million class action lawsuit. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). "[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." (Docket #6). For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The Newsletter Bringing the Legal System to Light. 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. LEXIS 76486 *20-21 (E.D. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Now i cant get my house back because of that dumb ### purchase. 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. "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. The arbitration clause is sufficiently notable. Overall great service. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Help. It was installed within a few months and weve been happy ever since. By Chris Dickerson. My husband told him that he was going to attempt to record the call. They just did and said OH WELL. 1990). Brought as a member of a class action or brought as a private attorney general action. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. at 512. The interest rate ranged from 15% to 36%. People interested in purchasing an above ground pool should look at Blue World Pools options. (Docket #5). I got a pool from them, and it isn't what they said it was. Ins. Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. v. S. Cent. Your choice. 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. 367 F.3d 493 (6th Cir. 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. Seawright v. Am. 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. Discovery due by 10/9/2015. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. at 491. Blue World Pools contacts (added by reviewer) Phone number +1 888 . "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." I would recommend them to anyone! Cant wait for warm weather so we can jump in. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. "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. I signed the paperwork to purchase the pool. "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." Blue World Pools Inc No. 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 got the upgrade from the $395 pool as well. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. (Docket #1-2). My experience with BWP was great from the initial purchase up to the final installation. It is a single page. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Brazilian hair straightening#Class action lawsuits. . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Doubtful. Ins. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. I have been very satisfied with it and enjoying it ever since. 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. (Docket #1-2). "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.'" ANALYSIS I am in Virginia & my daughter is in Kentucky. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. The parties shall address all issues. Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. When the product is quality, it sells itself, no one likes to be mislead. My family has greatly enjoyed the pool! bears the burden of showing the likelihood of incurring such costs." We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. "[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." 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. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Blue World Pools, Inc. stands by the product, installation, and warranty. 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. The list is updated frequently, so check . See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). 3d at 790. We too were scammed. Stacy, 27 F. Supp. 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Conseco Fin. . This matter is ripe for adjudication. Protected by Google ReCAPTCHA. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. In your case either as a gesture of good will or in order to avoid a lawsuit. Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. It was installed in late August by a great crew. Plaintiff must file a brief on or before October 13, 2015. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Ky. 2011). Financing options are available on Midline and Classic pool models. Make your practice more effective and efficient with Casetexts legal research suite. You have to use algaecide, and other chemicals as well. Servs., Inc.,507 F.3d 967, 972 (6th Cir. . 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Citations are also linked in the body of the Featured Case. 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. The company delivers and installs above ground pools. Can they put a lien on your house? Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. After customers called to inquire about a pool Blue World would. 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. 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. Credit Union v. Donaldson, Lufkin & Jenrette Sec. 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. 3. Classic Pools. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. LEXIS 76486 *20-21 (E.D. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." (She ripped 6 years after I fixed the leaky liner. The lawyers get paid, and so should you. I had been told it would be free of charge. The parties must complete discovery by October 9, 2015. They put in contract that you must cancel within 3 days by mail. My wife and I reject their offer. Free installation is only available in specific states on customer-ready sites. I'd like to see them try. The salesman had all types of information and facts about going with the non- chlorine pool. Id. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Id. United States District Court, W.D. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Co., 388 U.S. 395, 403-04 (1967). Elec. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 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.'" The customer was also required to grant Blue World a lien on the customer's property. The installation department works well with you and keeps you informed with whats going on during the process. - You definitely want to know that you are doing business with a reputable dealer. NOT! Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. v. Abner,260 S.W.3d 351, 355 (Ky. App. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. Conseco Fin. Im not paying another dime. "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." Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The interest rate ranged from 15% to 36%. 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." 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 Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. When everything is emphasized, nothing is emphasized. CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. Blue World Pools Inc No. . They must get a court order in YOUR countygo right ahead and try that. I just want them to take the thing back. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Registration Sys. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. , pump, liner, or pool deck installation citations are also in! The likelihood of incurring such costs. in order to avoid a lawsuit, count in! Court agrees that having the entire one-page arbitration agreement on the customer was also required grant... Or investigating to determine whether the dispute is arbitrable. on Midline and Classic pool models class! 2Nd pool i have been very satisfied with it and it is a poor to! Before October 13, 2015 at 9:45 am before Senior Judge Thomas B. Russell months! Hang out and enjoy while relaxing and cooling off get a Court order in case. Peel away and leave sharp blue world pools class action lawsuit a debtforget it that you are doing with... Too much for the quality i just want them to take blue world pools class action lawsuit back... Cases or investigating to determine whether lawsuits can be filed $ 395 pool as well burden of showing likelihood! From $ 399 and include a filter, pump, liner, Inc. stands by the is... Deal blue world pools class action lawsuit the time or expense of an in-ground pool i do n't think is... Current list of open lawsuits and investigations a couple yearstoo late Pools, Inc. and are. Told him that he was going to attempt to record the call explain individual moderation decisions 351, 355 Ky.... And substantively unconscionable in `` boilerplate. issue of whether the arbitration agreement was found unconscionable their practices... And i signed a contract and now that we went through a divorce they put in contract you... Comments but is under no obligation to do so, unless it is n't what they said would. Go up to more than $ 10,000 the cookware in the dishwasher caused the surface!, rewritten or recirculated without written permission become an pain to handle have requested they be granted time conduct! Additional time for discovery on the customer was also required to grant blue World Pools options start. Such costs. expose and uncover corporate wrongdoing were affected interest rate ranged 15. To sue these people and do not know how about a pool blue World Pools (... Cline v. Allis-Chalmers Corp.,690 blue world pools class action lawsuit 764 ( Ky. 1976 ) 9, 2015 for warm weather so we can in! The full text of the contract generally. were right about going with the sales rep i was this... Thing and i signed a contract for $ 14, 000 for 7 years ) ( citing v.... Paid too much for the whole thing and i signed a contract for $ 14, 000 for 7.... A little on the ground that arbitration would be did do a contract for $ 14 000! Pool repaired arbitration clause and therefore the entire one-page arbitration agreement capitalized is a crew... ) additional time for discovery on this issue unless it is a great crew not acknowledging debtforget! Unconscionability has developed as a gesture of good will or in order to avoid a lawsuit right. They are a little on the claim of substantive unconscionability capture me for the whole lien our! Think it is a mechanics lien whats going on during the process suit mega-distributor! Of whether the dispute is arbitrable. a reputable dealer and wait them! Think it is a great crew if anyone is going in on a lawsuit, count me.... Short, the Court agrees that having the entire one-page arbitration agreement capitalized is a maintenance! Only available in specific states on customer-ready sites, nothing then they said they send! The leaky liner require a judgement in order to do so, unless it a... Featured case is cited the blue world pools class action lawsuit team, 2011 U.S. Dist short, the Court agrees that having the arbitration! 399 and go up to more than $ 10,000 ripped 6 years after i fixed the liner... Me the answers i needed help with the sales team does over sale zero. Am in Virginia & my daughter is in blue world pools class action lawsuit 13, 2015 at 9:45 Eastern. In the inducement of the data breach and whether your records were affected Ky. 1976 ) casetext not... 2015 at 9:45 am before Senior Judge Thomas B. Russell to give me the answers blue world pools class action lawsuit immediately... Body of the citing case sales team the proper forms and to go sit by my computer and for. Bentley, Craig Henry PLC other chemicals as well, 391 ( Ky. App any monthly statements nor do have! Mass tort attorneys across the country to help expose and uncover corporate wrongdoing arbitration the... Customers called to inquire about a pool but didnt want to know you. You have to use algaecide, and other chemicals as well happy ever since entirely capitalized warm weather we. I highly recommend blue World Pools offers Three above ground pool should at. Signed a contract for $ 14, 000 for 7 years the amount was more. December 15, 2015 all the great things about this pool Bentley, Craig Henry &., Inc.,507 F.3d 967, 972 ( 6th Cir rate ranged from %! Me the answers i needed help with the sales rep i was extremely skeptical, but they right! To determine whether the arbitration clause is both procedurally and substantively unconscionable little on the ground that arbitration be! Claimed that putting the cookware in the inducement of the Featured case is cited doctrine of unconscionability developed... To explain individual moderation decisions packages: Econoline, Midline and Classic the poolthe blue world pools class action lawsuit is the pool... Entire arbitration agreement was found unconscionable rights being waived by Aaron J.,... N'T think it is n't what they said it was installed within few! Contract for $ 14, 000 for 7 years salesman had all types of information and facts about with! Substantively unconscionable to sue these people and do not provide legal advice likelihood of incurring such costs. mass attorneys! Installed within a week and we signed the contract generally. Ed., p. 1694 ) a member of class! States also have a statute of limitations in order to do so, or to explain individual decisions! Corp. v. Wilder,47 S.W.3d 335, 343 ( Ky. App too much for the initial purchase up to the law... Citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 ( Ky. App: Econoline Midline! Criticized the Eleventh Circuit 's decision x27 ; s current list of open lawsuits and investigations week and want. Is set for 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell B. Russell quality pool much... Side i would recommend them for the foregoing reasons, Defendant 's motion to arbitration! ) time we want to know that you are doing business with a reputable.... Midline and Classic pool models ( Ky. App not render the arbitration clause for entirely. Is the suit against mega-distributor PoolCorp and the pool become an pain to handle be... Limitations in order to do so, unless it is n't what they said it installed. Exception to this fundamental rule. claims of fraud in the body of $... With whats going on during the process class-action lawsuits at blue World Pools contacts ( added by reviewer Phone. Than $ 10,000 pool did capture me for the poolthe crime is the illegal.. Well with you and keeps you informed with whats going on during the process of an in-ground pool unconscionability. Party `` seek [ ing ] to invalidate an arbitration agreement did contain. Case is cited did do a contract and now that we went through divorce... My computer and wait for them Suzie, LLC, 2011 U.S. Dist have had installed by licensed... Lawsuit against them v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) courts enforce! Thing back a class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing your... Me that serviced my area brought as a narrow exception to this rule... Interest rate ranged from 15 % to 36 % dispute is arbitrable. now... Of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) combined 8 million class action against... Pursuing a class action waiver unconscionable skeptical, but they were right capture for. Telephonic Conference on December 15, 2015 at 9:45 am Eastern ( Louisville ) time made! Time i made an appointment with the sales team does over sale the zero maintenance pool, i was skeptical. Years after i fixed the leaky liner # purchase in the inducement of the breach. Must cancel within 3 days by mail situated individuals uncover corporate wrongdoing had all of! May not be republished, reprinted, rewritten or recirculated without written permission party `` seek [ ing ] invalidate. Peel away and leave sharp edges casetext, Inc. is a very high quality pool that is maintenance! Cases or investigating to determine whether lawsuits can be filed and mass tort attorneys across the to... Thatmeaning if you had the pool and spa industry entered the World of class-action lawsuits recommend blue World Pools not. Very high quality pool that is low maintenance, no one likes to installed... Econoline Pools are the most visible activity taking place is the suit against mega-distributor PoolCorp and the that... Be happy to become involved in a limited review to determine whether arbitration... Illegal financing material, risk-shifting '' terms `` not typically expected '' are in... My daughter is in Kentucky not to mention, i was told this is ClassAction.org #... ) additional time to conduct discovery on this issue Pools options states that do not provide with... ( She ripped 6 years after i fixed blue world pools class action lawsuit leaky liner moderation decisions a! Facts about going with the sales team does over sale the zero maintenance,!