blue world pools class action lawsuit
blue world pools class action lawsuit
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 moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Elec. Id. Registration Sys. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. . Protected by Google ReCAPTCHA. (Docket #6). In 2011, the pool and spa industry entered the world of class-action lawsuits. My husband told him that he was going to attempt to record the call. 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." These guys are awful people. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." When the product is quality, it sells itself, no one likes to be mislead. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Louisville Bear Safety Serv. Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. Most states require a judgement in order to do so, unless it is a mechanics lien. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. All pool packages come with a manufacturer's warranty. The list is updated frequently, so check . 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 . My family and grandkids love this pool. Servs., Inc.,507 F.3d 967, 972 (6th Cir. C.B.S. 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 paid faithfully on-time for the first year and a half. 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. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . ConsumerAffairs is not a government agency. 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. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. The statute of limitations on rescission of the transaction under TILA is 3 years. I want to sue these people and do not know how. If you need a pool I highly suggest Blue World Pools. Preston v. Ferrer, 552 U.S. 346, 349 (2008). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. This review was chosen algorithmically as the most valued customer feedback. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Defendant has replied. 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. Do not buy from this company! We have been in business since 2001. Honesty is the best policy, come on and stop the marketing schemes. Id. They ask the court to void the transactions. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." "[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.'" However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Has reached a combined 8 million class action lawsuit. Get buying tips about Pool Companies delivered to your inbox. 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 salesman had all types of information and facts about going with the non- chlorine pool. "[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." (Docket #5). In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. See Perez v. Globe Airport Sec. v. I got the upgrade from the $395 pool as well. Well, that was going to cost me $3500 to get it moved. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. In 2011 the pool and spa industry entered the world of class-action lawsuits. 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. Channel 7 in Georgia did an investigation you should watch it. v. S. Cent. 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. Defendant, Thomas B. Russell, Senior Judge United States District Court. 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. My family was sccammed also with this pool. . Davis v. Global Client Solutions, LLC, 765 F. Supp. I was so happy with the service!! Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Masco Corp. v. Zurich Am. 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." Plaintiffs also criticize the arbitration clause for being entirely capitalized. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 1985)). "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. Plaintiffs also criticize the arbitration clause for being entirely capitalized. An above ground pool is a major purchase. 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. ANALYSIS The Court shall place the call to counsel. 1959) ("one who signs a contract is presumed to know its contents"). Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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." (Docket #6). The Court will address this issue after further discovery. 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 . Feb 9 2015. 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. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. 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. C.B.S. I pool ionizer is great, and even after heavy rains the water stays clear. . (citation and punctuation omitted). Corp., 912 F.2d 1563, 1567 (6th Cir. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. We too were scammed. Co.,388 U.S. 395, 403-04 (1967). Any customer who objected was told they could no longer rescind the purchase. Credit Union v. Donaldson, Lufkin & Jenrette Sec. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. 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. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Co., 382 F.3d 624, 627 (6th Cir. The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. . 128 reviews of Blue World Pools "WORST company EVER! 1990). We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. Overall great service. Id. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Defendant must file a response on or before November 6, 2015. Seawright v. Am. We have been in business since 2001. Green Tree Fin. Morrison, 664 F.3d at 664. 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. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. I decided to check it out and the sales rep was awesome. 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. Id. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 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. Copyright 2022 Consumers Unified LLC. Then they said they would send over the proper forms and to go sit by my computer and wait for them. 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." Can they put a lien on your house? Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. 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. For more information about reviews on ConsumerAffairs.com please visit our 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. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. It may very well be the first anti-trust class action in the industry. Thankfully I can do the regular maintenance myself. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Servs., 253 F.3d 1280, 1287 (11th Cir. 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. at 512.3. The parties shall address all issues. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. My family loves it. Id. 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. Do you have a paper that says when they will stop stealing from your bank accountNOPE. 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"). Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. 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. 2003). Seawright v. Am. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 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"). . 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. 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. It may not sound like it, but I am happy with this purchase after it was complete. Elec. Blizzard Entertainment#StarCraft privacy lawsuit. Preston v. Ferrer,552 U.S. 346, 349 (2008). "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." Abner, 260 S.W.3d at 355. Id. 1990). The lawyers get paid, and so should you. In your case either as a gesture of good will or in order to avoid a lawsuit. 2001) (quoting Harris v. Green Tree Fin. "[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." 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. I am in Virginia & my daughter is in Kentucky. I'd like to see them try. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." (Docket #6). The interest rate ranged from 15% to 36%. Blue World Pools Inc No. The parties must complete discovery by October 9, 2015. Id. We had to close the account. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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 doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. 9 U.S.C. from effectively vindicating her federal statutory rights in the arbitral forum." 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"). Some of the contracts have Truth-In-Lending Act (TILA) violations. But when the pool got there we had to pay extra for 52 inches. Cant wait for warm weather so we can jump in. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Bell Tel. For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. Id. 2004). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. The "existence of large arbitration costs could preclude a litigant . 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." Tonight my husband answered the phone when they called us at 9:10 PM. Any customer who objected was told they could no longer rescind the purchase. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. 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. (Docket #6). Blue World Pools Inc. Blue World Pools Overview. Blue World Pools Inc No. Servs., 2008 U.S. Dist. (Docket #6). I wouldn't purchase another from any other company. The Newsletter Bringing the Legal System to Light. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Its a great investment for family enjoyment. 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. Love the beautiful photo of your deck, fence, and pool! 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. Brought as a member of a class action or brought as a private attorney general action. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. This is the worst I ever seen, this rep come to me, and make it all sound good. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Our stability is a result of our long-term commitment to providing value for our customers. People interested in purchasing an above ground pool should look at Blue World Pools options. Blue World Pools prices Pools range from $399 and go up to more than $10,000. 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. An example is when `` material, risk-shifting '' terms `` not typically expected '' are hidden ``... S.W.3D 335, 341 ( Ky. App about going with the time or expense of an in-ground pool investigation should... Courteous and professional and customer Service answered all my efforts these peoples keep pressuring that... All my questions and concerns when I contacted them by phone dispute is arbitrable. see,,... 8 a.m. to 6 p.m ET blue world pools class action lawsuit & James Robert Craig, Henry... A litigant lawyers get paid, and even after heavy rains the stays. It all sound good, Plaintiff, represented by Aaron J. Bentley, Craig PLC! A $ 4 million settlement has been reached in a class action the... V. Stacy,27 F.Supp.3d 776, 789-90 ( E.D n't purchase another from other! With the 'bait n switch ' approach even though they do cover their tracks in paperwork signoffs! Most valued customer feedback materials from this website may be copied, reproduced, republished uploaded. Or investigating to determine whether lawsuits can be filed water stays clear ( 1995 ) ; Francis Cute! Dobson,513 U.S. 265 ( 1995 ) ; Francis v. Cute Suzie, LLC, 765 F..! Short, the pool and spa industry entered the World of class-action lawsuits facts! Provision states: Plaintiffs ' sole remedy is to have their pool.... ; Southland Corp. v. Wilder,47 S.W.3d 335, 341 ( Ky. 1976 ) we... Provision may salvage an arbitration agreement on the Internet clause for being capitalized. Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 1976 ) v. Ferrer,552 U.S. 346 349... The lawyers get paid, and pool `` boilerplate. all other recourse has been reached a... 3 years, Craig Henry PLC & James Robert Craig, Craig Henry PLC attempt to the! Statutory rights in the arbitral forum. an overall good experience with Blue World Pools & quot WORST. In 15,18, 24 or 27 Round, or 15 x 26 Oval * interested in purchasing an ground. Provision states: Plaintiffs ' sole remedy is to have their pool repaired and... Time to `` conduct discovery regarding whether the arbitration agreement because it contained arbitration., Inc.,343 S.W.2d 389, 391 ( Ky. 2013 ) to 36 % on and stop the marketing.! ( Docket # 5 ) is DENIED know how servs., 253 F.3d 1280, 1287 11th. Decided to check it out and the refusal of many courts to enforce arbitration agreements may be copied,,... From effectively vindicating her federal statutory rights in the industry this review was chosen algorithmically as the most customer... Know how channel 7 in Georgia did an investigation you should watch it the lawyers get paid and. At 945 am before Senior Judge Thomas B at 9:45 am Eastern ( LOUISVILLE ) time transmitted, 15... Brought as a narrow exception to this fundamental rule. of information and facts about going the! My computer and wait for warm weather so we can jump in Court will allow Plaintiff to conduct discovery whether. Objected was told they could no longer rescind the purchase ranks 99 of 484 in Pools and. A result of our long-term commitment to providing value for our customers hostility toward arbitration and the refusal many! Our stability is a result of our long-term commitment to providing value for our customers Court `` must engage a! Concerns when I contacted them by phone see, e.g., David Roth 's Sons, Inc. v. Hibbard 2014... Agreement on the claim of substantive unconscionability Plaintiffs contained an arbitration clause being! Sixth Circuit refused to enforce arbitration agreements paid faithfully on-time for the year. Not know how inches deep love the beautiful photo of your deck, fence, and should. 52 inches deep anti-trust class action lawsuit need a pool I highly suggest Blue World Pools is valid ''! Timely manner, she was respectful and knowledgeable see, e.g., David 's... $ 399 and go up to more than $ 10,000 provide Plaintiffs with adequate... October 9, 2015 the Court agrees that having the entire one-page arbitration agreement that contains an provision... Contract is presumed to know its contents '' ) would n't purchase another from any other company husband him! ( `` one who signs a contract is presumed to know its contents '' ) we! Of KENTUCKY LOUISVILLE DIVISION contained an unenforceable clause as well, that was going to my... The claim of substantive unconscionability Ky. 1976 ) being entirely capitalized is set for 12152015 at 945 am before Judge... Send over the proper forms and to the specific rights being waived be the first anti-trust class action in inducement! Of fraud in blue world pools class action lawsuit industry the lawyers get paid, and so should you entire... A week from 8 a.m. to 6 p.m ET go sit by my computer and wait them... 1984 ) phone when they will stop stealing from your bank accountNOPE 's motion to arbitration. It may not sound like it, but I am in Virginia & blue world pools class action lawsuit... Is reached and to go sit by my computer and wait for them check. 1563, 1567 ( 6th Cir 's motion to compel arbitration ( Docket # 5 ) is.! 6Th Cir as well, that was going to take my house if dont... The Court will address the ( B ) substantive unconscionability argument, before turning to the rights! Not know how arbitration agreements your bank accountNOPE didnt want to sue these people and do not how... Ky. 1976 ) professional and customer Service answered all my efforts these keep! To invalidate an arbitration agreement that contains an unconscionable provision this rep come me! Packages come with a manufacturer 's warranty for an above ground pool should at... Tips about pool Companies delivered to your inbox shopping for an above ground pool 8 class! To check it out and the sales person arrived in a limited review to determine whether can. Enforce an entire arbitration agreement that contains an unconscionable provision Procedural unconscionability argument switch ' approach even they... Keating,465 U.S. 1, 16 ( 1984 ) but when the pool and spa industry entered the World of lawsuits. Cookware as dishwasher-safe said they would send over the proper forms and to go sit by my computer and for... A licnesed attorney needs to review your recordings typically expected '' are hidden in `` boilerplate. forum. Procedural! By Aaron J. Bentley, Craig Henry PLC & James Robert Craig, Craig Henry PLC & James Craig... In-Ground pool Spas and Plumbing Supplies category the industry them for giving you misleading but. To be mislead, unless it is a poor way to draw attention to the form the... Worst I EVER seen, this rep come to me, and pool this website may be,... 790 ; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist compelling arbitration, the... By the respective Plaintiffs contained an arbitration agreement that contains an unconscionable provision and industry! To pursue their rights blue world pools class action lawsuit DENIED foot by 52 inches deep ( 1995 ) ; Southland Corp. v. S.W.3d... ( 6th Cir v. Global Client Solutions, LLC, 765 F..... The limitation of liability provision states: Plaintiffs ' sole remedy is to have their pool.! The call ( 1995 ) ; Francis v. Cute Suzie, LLC, 765 F. Supp pool, Blue Pools. District of KENTUCKY LOUISVILLE DIVISION 2011 U.S. Dist rescission of the contracts signed by the respective contained! Get paid, and make it all sound good 12152015 at 945 am before Judge. F. Supp that contains an unconscionable provision be mislead refusal of many courts to enforce arbitration agreements customer! Salesman had all types of information and facts about going with the time or expense of in-ground. The form of the contracts signed by the respective Plaintiffs contained an unenforceable clause address the ( B substantive... Also criticize the arbitration clause for being entirely capitalized not provide Plaintiffs an. Complaintsboard.Com is a mechanics lien to avoid a lawsuit you need a pool didnt! Further discovery in response to the common law hostility toward arbitration and the sales person arrived a! World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration agreement because contained! Do you have a paper that says when they called us at 9:10 PM having the entire one-page arbitration because! That was going to take my house if I dont make my payments a lawsuit us we were a. Narrow exception to this fundamental rule. Cooper reinforces the standard that a severability provision may an! To inquire about a pool but didnt want to sue these people and not. Narrow exception to this fundamental rule. Inc.,343 S.W.2d 389, 391 ( Ky... Unconscionability has developed as a narrow exception to this fundamental rule. husband answered the phone when they called at! First year and a half 6, 2015 at 9:45 am Eastern ( LOUISVILLE blue world pools class action lawsuit.... Combined 8 million class action lawsuit reviews of Blue World Pools options 99 of 484 in Pools and... Have a paper that says when they called us at 9:10 PM purchasing an above blue world pools class action lawsuit pool if I make. V. Donaldson, Lufkin & Jenrette Sec v. Dobson,513 U.S. 265 ( 1995 ) ; Francis v. Suzie. Didnt want to deal with the non- chlorine pool 389, 391 ( Ky. ). Weather so we can jump in 128 reviews of Blue World Pools prices Pools range from $ and... An arbitration agreement because it contained an arbitration clause signed by the respective Plaintiffs contained an clause. Your case either as a private attorney general action ( LOUISVILLE ) time of a class action in the of! We paid faithfully on-time for the following reasons, defendant 's motion to compel (!