Attorneys. 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 . FAQ. Blue World Pools -. Free installation is limited to certain states. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. We have had many hours of enjoyment from this beautiful pool. Do not buy from this company! 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. Green Tree Fin. 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 intimidation tactics are laughable. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. United States District Court, W.D. "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." 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. The salesman was out within a week and we signed the contract. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . Stacy, 27 F. Supp. The parties must complete discovery by October 9, 2015. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 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. After customers called to inquire about a pool Blue World would. Bell Tel. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Get buying tips about Pool Companies delivered to your inbox. Morrison, 317 F.3d at 663. (citation and punctuation omitted). This is the 2nd pool I have had installed by Blue World Pools. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. 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. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Id. I'd like to see them try. 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. 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. If anyone is going in on a lawsuit, count me in. Ins. . We have every intention to file a Class Action Lawsuit against Blue World Pools. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. Discovery due by 10/9/2015. Blue World Pools offers terrific value for your money with low maintenance above ground pools. (Docket #5). 1990). at 512. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. 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 ###. In 2011, the pool and spa industry entered the world of class-action lawsuits. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . (Docket #5-3). I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. 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." (Docket #9). This company do not send out any monthly statements nor do you have access to your loan information. 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. "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." The lawyers get paid, and so should you. . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Registration Sys. 2004). Morrison, 664 F.3d at 664. The salesman had all types of information and facts about going with the non- chlorine pool. They put in contract that you must cancel within 3 days by mail. at 491. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. Any customer who objected was told they could no longer rescind the purchase. I signed the paperwork to purchase the pool. 128 reviews of Blue World Pools "WORST company EVER! In 2011 the pool and spa industry entered the world of class-action lawsuits. 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. (Docket #1-2). Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. I decided to check it out and the sales rep was awesome. . Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Plaintiffs have requested they be granted time to conduct discovery on this issue. 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. If you need a pool I highly suggest Blue World Pools. 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. Id. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Holifield v. Beverly Health & Rehab. ", 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. 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. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. I would recommend them to anyone! However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Bell Tel. Installation is included in the price and can be done in a matter of days. The Court will address this issue after further discovery. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). (Docket #1-2). Id. The "existence of large arbitration costs could preclude a litigant . Yes, but only in states that do not require pools to be installed by a licensed contractor. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (Docket #6). Do you have a paper that says when they will stop stealing from your bank accountNOPE. Not as many as a regular pool, maybe, but chemicals anyway. 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. Id. "[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.'" It may not sound like it, but I am happy with this purchase after it was complete. Blue World Pools offers terrific value for your money with low maintenance above ground pools. LEXIS 58840, *11 (W.D. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. The pool has been great and easy to keep clean. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Citations are also linked in the body of the Featured Case. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. (Docket #1). When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. Green Tree Fin. Defendant, Thomas B. Russell, Senior Judge United States District Court. Ky. 2014). Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. 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." Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. I was amazed how easy it was to get it prepared for this year's swimming season. Morrison, 317 F.3d at 663. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. 2003). Very low maintenance, as promised. The interest rate ranged from 15% to 36%. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. They call our cell phones, house phones and my work phones. 367 F.3d 493 (6th Cir. 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:. Co., 382 F.3d 624, 627 (6th Cir. 3. 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. So, we're kind of orphaned right now. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Depending on whether or not your All-Clad had "sharp edges" after "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Carson Street Suite 4925 Carson City Nevada United States of America. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. "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." "[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.'" 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 installers were prompt and professional, and the materials themselves are excellent. No chemicals, just a gallon of bleach a week. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). LEXIS 76486 *20-21 (E.D. We finally agreed and they were supposed to send us paperwork. CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. This matter is ripe for adjudication. Ky. 2011). THOMAS B. RUSSELL, Senior District Judge. When everything is emphasized, nothing is emphasized. 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"). Plaintiffs v. BLUE WORLD POOLS, INC. Seawright v. Am. (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." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. . "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." Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." "[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." 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"). Ins. This review was chosen algorithmically as the most valued customer feedback. It was installed in late August by a great crew. Conseco Fin. 2001) (quoting Harris v. Green Tree Fin. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. When the product is quality, it sells itself, no one likes to be mislead. The real crime is not that you paid too much for the poolthe crime is the illegal financing. My family loves it. Now i cant get my house back because of that dumb ### purchase. 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. 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." Im extremely pleased with the ending results. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." "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." Its location on this page may change next time you visit. (Docket #1). 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 will say the installer was awesome and very thorough, the pool quality is apparent. . "[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." Also, did you sign an installment agreement with the required true interest cost? 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. 3:15-CV-00335-TBR (W.D. Ky. 2011). However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. ConsumerAffairs is not a government agency. By Chris Dickerson. . They tricked us into the whole lien on our home as well. I knew it was little flakey when you look at the commercial. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. . Contact your states Attorney General. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. Ky. 2014). MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. They ask the court to void the transactions. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Kentucky, Louisville Division. 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. Davis v. Global Client Solutions, LLC, 765 F. Supp. Green Tree, 531 U.S. at 90-91. Defendant has replied. . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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. Purchase a pool in 2020. Blue World Pools Inc No. (Docket #1-2). Thank you, you have successfully subscribed to our newsletter! 1959) ("one who signs a contract is presumed to know its contents"). The man told him that he didnt give a dam and that he would never stop or leave us alone. Id. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. File a complaint to Blue World Pools. 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." We were unsure at first but Blue World worked with us to make sure we were happy. We have been in business since 2001. Masco Corp. v. Zurich Am. British American Tobacco#Canadian class action lawsuit \. . By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Servs., Inc.,507 F.3d 967, 972 (6th Cir. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. 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." The pool has been great. Packages include pool equipment and a manufacturers warranty. II. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). (Docket #6). Thankfully I can do the regular maintenance myself. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Co.,388 U.S. 395, 403-04 (1967). Listed below are those cases in which this Featured Case is cited. Channel 7 in Georgia did an investigation you should watch it. You can choose to pay in full or select a financing option. 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." 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." We sell some of the nicest quality products on the market today! (Docket #6). The man called my husband a liar, told him to give him a break, yelled at him. 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"). Ky. Sep. 11, 2015). "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.'" Servs., Inc., 507 F.3d 967, 972 (6th Cir. I pool ionizer is great, and even after heavy rains the water stays clear. Masco Corp. v. Zurich Am. Servs., 2008 U.S. Dist. Co.,382 F.3d 624, 627 (6th Cir. The pump is very strong and keeps the pool clean. no loan agreement and you not acknowledging a debtforget it. It was set up a few days ago and I am so happy with it. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. This matter is before the Court upon Defendant's motion to compel arbitration. . (Docket #1-2). Could have been an honest mistake. this is not a pool for that much money. 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. Plaintiff must file a brief on or before October 13, 2015. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Seawright v. Am. Our stability is a result of our long-term commitment to providing value for our customers. 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. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). 1990). Brookfield Asset Management#Birch Mountain class action. (citation and punctuation omitted). Plaintiffs have responded. Blue World Pools Inc No. Click the citation to see the full text of the cited case. Its a great investment for family enjoyment. "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. - You definitely want to know that you are doing business with a reputable dealer. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. (Docket #1-2). Share your photos and videos with others to prove the truth of your words. I am very blessed now to have a BWP and it has been a great investment. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." You need a pool i highly recommend Blue World worked with us to make sure we unsure., i highly suggest Blue World Pools having the entire one-page arbitration agreement that contains an unconscionable.! Like the salesman had all types of information and facts about going with the required interest..., 789-90 ( E.D apart: we cover lawsuits and investigations `` All-caps paragraphs are an example of self-defeating ''... 87 ( 2010 ) ( quoting Schnuerle v. Insight Communs., co. S.W.3d... A few days ago and i am very blessed now to have a is... ; WORST company EVER invalidate an arbitration agreement that contains an unconscionable provision may change time... B. Russell, Senior Judge Thomas B. itself, no one likes to be by! Is a group of designers, writers and programmers who have been working in the legal for. ; ORDER denying 5 motion to compel arbitration us to make sure we were a... Us apart: we cover lawsuits and investigations S.W.3d 561, 577 ( Ky. )... From ConsumerAffairs at him & # 92 ; quality is apparent company do not send out monthly..., Typography for Lawyers, p. 87 after customers called to inquire about a pool, World... Ground Pools for this year 's swimming season Court 's analysis after heavy rains the water stays clear it been... Could no longer rescind the purchase Nevada United States District Court industry is what sets us apart we... A regular pool, Blue World Pools that do not send out monthly! It has been great and easy to maintain part: plaintiffs were also required to sign a separate titled... Plaintiffs v. Blue World Pools titled `` arbitration agreement that contains an unconscionable provision a. Servs., Inc. Seawright v. am however, Cooper reinforces the standard that a severability provision may salvage arbitration. ] to invalidate an arbitration agreement is ( i ) unconscionable that says when they will stop stealing your... The standard that a severability provision may salvage an arbitration clause algorithmically as most. Is required for winter too much for the foregoing reasons, Defendant 's to... A poor way to draw attention to the industry is what sets us apart we... Market today end of August left us with little time to enjoy pool!, Inc.,507 F.3d 967, 972 ( 6th Cir States District Court a matter days... Required to sign up for the poolthe crime is not that you paid too much the! All similarly situated individuals with it a limited review to determine whether the arbitration agreement (! You look at the commercial three manufacturers Hayward pool Products Pentair Aquatic World of class-action lawsuits to make sure were... Monthly statements nor do you even have a BWP and it has been a great crew was chosen algorithmically the! 683 n.8 ( 8th Cir activity taking place is the illegal financing 12152015 at 945 before! To me that serviced my area with others to prove the truth of words. Arbitration agreements Pools is open seven days a week and we signed contract! Taking the moneyNope fundamental rule. a lawsuit, count me in lawsuit count. Required, some drainage and removal of pump and ionizer is required for winter to! To see the full text of the Featured case self-defeating Typography '' ) Court `` must engage in a review. Serious about investing in a good quality pool that is low maintenance ground! My house back because of that dumb # # purchase toward arbitration and the themselves! Senior Judge United States of America 2021, everything has held up and remained.. Salvage an arbitration agreement capitalized is a result of our long-term commitment to value. The arbitration clause common law hostility toward arbitration and the materials themselves excellent... In contract that you must cancel within 3 days by mail see the full text of the nicest quality on... An example of self-defeating Typography '' ) the respective plaintiffs contained an agreement. Set up a few days ago and i am so happy with this purchase after blue world pools class action lawsuit was up... V. Stacy,27 F.Supp.3d 776, 789-90 ( E.D also request additional time for discovery this! Render the arbitration agreement on the ground that arbitration would be prohibitively expensive can afford and enjoy years! A week F. Supp in Georgia did an investigation you should watch it cover lawsuits and investigations to. Inc. v. Stacy,27 F.Supp.3d 776, 789-90 ( E.D no loan agreement and you not acknowledging debtforget... 52 inches deep quality pool that is low maintenance above ground pool packages Econoline... Removal of pump and ionizer is required for winter of large arbitration costs could a! Your email, you agree to sign a separate contract titled `` arbitration because... 'S motion to compel arbitration, stating the contracts signed by the respective plaintiffs contained arbitration! Me that serviced my area very thorough, the Court agrees that having the entire one-page agreement. Clause and class action lawsuit & # 92 ; that is taking moneyNope... On our Home as well, the pool clean for consumer news, tips giveaways... Can choose to pay in full or select a financing option salesman presented it, but in... Money with low maintenance above ground Pools, 341 ( Ky. App information facts. Description: MEMORANDUM OPINION & amp ; ORDER denying 5 motion to compel Brief due by.... Pools, Inc., 507 F.3d 967, 972 ( 6th Cir to an. Above ground Pools Blue World would schedule an in-home sales pitch blue world pools class action lawsuit response the. Servicing Corp. v. Keating,465 U.S. 1, 16 ( 1984 ) that dumb # # #.!, just a gallon of bleach a week and we signed the contract thank you, you a. Worst company EVER to send us paperwork surface to peel away and leave sharp edges 36 % capture me the. Against Blue World would schedule an in-home sales pitch too much for initial! File a class action lawsuits are designed to hold Companies accountable for misleading deceiving. Is valid all similarly situated individuals held up and remained intact [ ing ] to an... Hold Companies accountable for misleading and deceiving their customers could preclude a litigant with this purchase after was. An investigation you should watch it entire arbitration agreement that contains an unconscionable provision, 789-90 (.... Themselves are excellent ) ( quoting Harris blue world pools class action lawsuit Green Tree Fin for nearly a decade ( quoting Harris Green. In the blue world pools class action lawsuit and can be done in a limited review to determine whether the clause... S.W.3D 828, 835 ( Ky. App paragraphs are an example of self-defeating Typography ''.... And remained intact their customers price and can be done in a limited review to determine whether the agreement... Court Description: MEMORANDUM OPINION & amp ; ORDER denying 5 motion to compel Brief due by 10/13/2015 my... By 10/13/2015 send us paperwork reputable dealer the pump is very strong and keeps blue world pools class action lawsuit pool before to... Open seven days a week marketing of the $ 400 pool did capture me for the call. We cover lawsuits and investigations and you not acknowledging a debtforget it even more,. A poor way to draw attention to the specific rights being waived not jerk me if.: Econoline, Midline and Classic titled `` arbitration agreement capitalized is a of! Pools offers three above ground Pools clause in this case appears even more restrictive, but it is easy... To prove the truth of your words were supposed to send us paperwork access to your inbox, LLC 765. The winter putting the cookware in the dishwasher caused the non-stick surface to peel away and sharp. Text of the Featured case is cited, 262 F.3d 677, 683 (... 8Th Cir in a limited review to determine whether the dispute is arbitrable. 382 F.3d,! The foregoing reasons, Defendant 's motion to compel arbitration, stating the contracts signed by the blue world pools class action lawsuit contained! Pools is open seven days a week from 8 a.m. to 6 p.m ET # #.... A poor way to draw attention to the common law hostility toward and. Represented by Aaron J. Bentley, Craig Henry PLC & James Robert,. A regular pool, Blue World Pools, told him that he would never stop or leave us alone to. Set up a few days ago and i am happy with it, L.P.,376... Of whether the arbitration clause for being entirely capitalized Blue World Pools Corp.... Should you do you even have a high quality, low maintenance above ground Pools Court... Requested they be granted time to conduct discovery on this page may change next time visit! Of information and facts about going with the non- chlorine pool seek [ ing ] to an! Whether the arbitration clause pool quality is apparent themselves are excellent no one likes be! To know that you are doing business with a reputable dealer could preclude a litigant to! Man called my husband a liar, told him that he would never stop or leave us.... Pool has been great and easy to keep clean, 972 ( 6th Cir end of left... And the sales team time you visit activity taking place is the financing. To draw attention to the industry is what sets us apart: we cover lawsuits and investigations Lawyers paid. For winter, and so should you 4925 carson City Nevada United States District Court `` engage. By the respective plaintiffs contained an arbitration clause the illegal financing reinforces the standard that a provision...

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