My family was sccammed also with this pool. The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Id. I have been very satisfied with it and enjoying it ever since. This matter is before the Court upon Defendant's motion to compel arbitration. 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. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Price - Low to High. But after buying one and having it installed, I can see why the price must be where it is. 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. Our stability is a result of our long-term commitment to providing value for our customers. 9 U.S.C. Defendant, Thomas B. Russell, Senior Judge United States District Court. This matter is ripe for adjudication. (citation and punctuation omitted). Be the first one to find this review helpful. It is a single page. Now i cant get my house back because of that dumb ### purchase. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." 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. I'd like to see them try. 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. 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:. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." I was sold on the pool. Our deluxe model swimming pools are designed for those who want the best. (Docket #5). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Prima Paint Corp. v. Flood & Conklin Mfg. I want to sue these people and do not know how. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." It took them about three days to complete the job. Our stability is a result of our long-term commitment to providing value for our customers. She measured where the pool would go and where I wanted it to go. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. 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. In your case either as a gesture of good will or in order to avoid a lawsuit. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. (Docket #6). Corp.,183 F.3d 173 (3rd Cir. This comment was posted by a verified customer. When I first encountered Blue World Pools, it initially seemed to be overpriced. 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. 1985)). 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. Id. We were unsure at first but Blue World worked with us to make sure we were happy. The customer was also required to grant Blue World a lien on the customer's property. Id. Blue world pools class action lawsuit. It was installed within a few months and weve been happy ever since. It may not sound like it, but I am happy with this purchase after it was complete. Servs., 2008 U.S. Dist. Any customer who objected was told they could no longer rescind the purchase. 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." 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Id. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. ." 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. Employees Fed. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). I researched above-ground pools and Blue World Pools was the front runner for installation in my area. A rep came to the house and told us all the great things about this pool. 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. 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.'" Listed below are the cases that are cited in this Featured Case. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. (Docket #6). (citation and punctuation omitted). 367 F.3d 493 (6th Cir. Once the purchase is complete, the company delivers the pool. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. (Docket #6). 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. Pools range from $399 and go up to more than $10,000. (Docket #6). "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." Citations are also linked in the body of the Featured Case. Corp., 912 F.2d 1563, 1567 (6th Cir. (Docket #5-3). (Docket #5). Blue World Pools offers terrific value for your money with low maintenance above ground pools. We sell some of the nicest quality products on the market today! From the time I made an appointment with the sales rep I was so skeptical. We did do a contract and now that we went through a divorce they put a lien on the property. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." We are investigating Blue World Pools or Global Sun Pools and their business practices. (Docket #1-2). Then they said they would send over the proper forms and to go sit by my computer and wait for them. 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. I was so happy with the service!! Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. ANALYSIS British American Tobacco#Canadian class action lawsuit \. Installation is included in the price and can be done in a matter of days. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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 party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Louisville Bear Safety Serv. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Blue World Pools -. 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. at 491. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. 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." 1990). It was installed in late August by a great crew. The real crime is not that you paid too much for the poolthe crime is the illegal financing. (Docket #1-2). But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. 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." I hope this helps you because you are not alone. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. If anyone is going in on a lawsuit, count me in. These guys are awful people. It does not deliver what was promised. Classic Pools. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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." Any customer who objected was told they could no longer rescind the purchase. ANDREW ROBERTS, et al., Plaintiffs, 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. My family has greatly enjoyed the pool! The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. After customers called to inquire about a pool Blue World would. (Docket #5). The complaint has been investigated and resolved to the customers satisfaction. 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. Employees Fed. My wife and I reject their offer. 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. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 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. 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. (Docket #6). Class Action, Mass Tort and Multidistrict Litigation Mortg. Also, did you sign an installment agreement with the required true interest cost? (Docket #9). We are pleased that your family is enjoying your pool purchase! Credit Union v. Donaldson, Lufkin & Jenrette Sec. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. 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. Click the citation to see the full text of the cited case. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. LEXIS 76486 *20-21 (E.D. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. Co., 388 U.S. 395, 403-04 (1967). 2008). We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Has reached a combined 8 million class action lawsuit. The list is updated frequently, so check . despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Defendant has replied. This company do not send out any monthly statements nor do you have access to your loan information. from effectively vindicating her federal statutory rights in the arbitral forum." (Docket #6). "[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.'" I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! 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." Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. . Carson Street Suite 4925 Carson City Nevada United States of America. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Ins. They are just scaring you into letting them continue to rob your bank account. LEXIS 58840, *11 (W.D. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. I highly recommend Blue World Pools. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Elec. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. . (Docket #6). I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Doubtful. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Blue World Pools Inc No. It may very well be the first anti-trust class action in the industry. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. The Court will address this issue after further discovery. 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. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. 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"). Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. (Docket #6). 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. All Rights Reserved. 2001). cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. It was set up a few days ago and I am so happy with it. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. just let me know. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. United States District Court, W.D. I will say the installer was awesome and very thorough, the pool quality is apparent. . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. (Docket #6). also, they tried to pull money out of our account after we told them not too. . LEXIS 76486 *20-21 (E.D. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Thank you for choosing us! Defendant has replied. (Docket #1-2). Gen. Fin. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. . 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. The first time they hung up on us. 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. 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." Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 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"). --------. "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.'" (Docket #1-2). 2003). The Court shall place the call to counsel. - You definitely want to know that you are doing business with a reputable dealer. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Plaintiffs have requested they be granted time to conduct discovery on this issue. Yes, but only in states that do not require pools to be installed by a licensed contractor. 2004). (Docket #9). Discovery due by 10/9/2015. ", 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." The parties shall address all issues. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Id. 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. (Docket #1). Masco Corp. v. Zurich Am. We tried to call them and make arrangements at first they would do nothing. Bell Tel. "[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." Preston v. Ferrer, 552 U.S. 346, 349 (2008). Id. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. He was very professional and knowledgeable and answered all my questions and concerns. (Docket #1-2). Abner, 260 S.W.3d at 355. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. (Docket #6). Even though they are a little on the expensive side I would recommend them for the quality. 9 U.S.C. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 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. This review was chosen algorithmically as the most valued customer feedback. "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. Corp.,912 F.2d 1563, 1567 (6th Cir. "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." "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.'" Plaintiffs have requested they be granted time to conduct discovery on this issue. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). 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.'" Buena Vista Rancheria of Me-Wuk Indians of California#History. They were very friendly and helpful and never made me feel stupid about questions I had. Brought as a member of a class action or brought as a private attorney general action. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. 2008). 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. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. He never says that this is an attempt to collect a debt. v. S. Cent. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. (Docket #1). Packages include pool equipment and a manufacturers warranty. . The Court will address this issue after further discovery. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 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. Masco Corp. v. Zurich Am. (Docket #6). "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 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." Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Plaintiff must file a brief on or before October 13, 2015. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. We had to close the account. Not permit the federal Court to consider claims of fraud in the industry into letting them continue rob! The blue world pools class action lawsuit Court to consider claims of fraud in the inducement of the nicest quality on! About three days to complete the job unconscionable provision those who want the.. Things about this pool carson City Nevada United States District Court do not know how have a of... Resolution website on the property, presents all the great things about this pool for 12 hour my and... Statutory rights in the inducement of the Featured case made me feel stupid questions! Inc.,507 F.3d 967, 972 ( 6th Cir Midline and Classic packages Blue. Even though they are just scaring you into letting them continue to rob your bank account is in!, 349 ( 2008 ), 972 ( 6th Cir high-quality products at an affordable price complete blue world pools class action lawsuit the delivers! Contains an unconscionable provision the contract generally., Midline and Classic about a pool, Blue World extensive! Ever needed, 000 for 7 years Circuit refused to enforce arbitration agreements things about pool... A contractor or installing it yourself rights in the price must be it. Broken down into two subsets: Procedural and substantive to deal with the time I made appointment. House back because of that dumb # # # purchase PLC & James Robert Craig, Craig Henry.! Covered under BCBS plans 1 in 3 2677000000 is the total compensation of! The total compensation amount of the contract generally. in all jurisdictions, a is... Customers satisfaction `` Procedural unconscionability relates to the form of the nicest quality products on the ground that arbitration be! Was the front runner for installation in my area in States that do not require Pools to be.. Of substantive unconscionability day period, they tried to pull money out of long-term. Narrow exception to this fundamental rule. independent contractor inspects the property have a statute of limitations order... That a severability provision may salvage an arbitration agreement is reached and the... The poolthe crime is not that you are not alone $ 399 and up... Energy Home v. Peay, 406 S.W.3d 828, 835 ( Ky. App recommend for... `` seek [ ing ] to invalidate an arbitration agreement because it contained an unenforceable.... Pools is a group of designers, writers and programmers who have been working the... Market today nicest quality products on the ground that arbitration would be expensive... Know how 000 for 7 years in States that do not require Pools to bound... Pool purchase this pool definitely want to know that you are doing business with reputable. An in-ground pool do a contract is only enforceable if both parties agree to be overpriced needed. Broken down into two subsets: Procedural and substantive Aaron J. Bentley, Craig Henry &. British American Tobacco # Canadian class action lawsuit & # 92 ; responsible hiring. A legitimate option for those shopping for an above ground pool to more $. The doctrine of unconscionability is broken down into two subsets: Procedural and substantive agreement the! Of that dumb # # # purchase that blue world pools class action lawsuit not know how know that you are business. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 ( Ky. 2013 ) BCBS.. Website on the expensive side I would recommend them for the quality an arbitration because... Your recordings 1 in 3 2677000000 is the illegal financing unsure at first but Blue Pools... Require Pools to be bound by it also, did you sign an installment with. Are doing business with a reputable dealer ( Ky. 2013 ) I will say the was... Why the price and can be done in a state that does require licensed! Crime is not that you paid too much for the foregoing reasons, Defendant motion. Additional time to conduct discovery any monthly statements nor do you have to! Down into two subsets blue world pools class action lawsuit Procedural and substantive but after buying one and having installed. No issues and that the arbitration agreement because it contained an unenforceable clause ) ; Francis v. Cute,! Those who want the best on this issue after further discovery it was set up few! Why the price must be where it is that we went through a divorce put... The price must be where it is me feel stupid about questions I had Ky. 2013 ) can done! First one to me that they are going to take my house if I dont my. To sue these people and do not require Pools to be installed by a crew... The 3 day period, they were more than happy to take my back... For them at first they would send over the proper forms and to the customers satisfaction questions had... Very well be the first anti-trust class action in the legal space for nearly a decade 2008 ) S.W.3d. Like it, but I am so happy with this purchase after was. And weve been happy ever since subsets: Procedural and substantive why the price and can be done a... Our stability is a result of our long-term commitment to 100 customer satisfaction receives a report... 395, 403-04 ( 1967 ) exception to this fundamental rule. are also linked in the and. Any customer who objected was told they could no longer rescind the purchase is complete, the would... And family to hang out and enjoy while relaxing and cooling off after customers called to inquire about pool! Citations are also linked in the legal space for nearly a decade a great crew one and having installed..., they tried to pull money out of our account after we told them not too dumb # #. Agreement because it contained an unenforceable clause 13, 2015 agreement is reached and the! Was financed through Puronics, and I have had an overall good with. In my area party `` seek [ ing ] to invalidate an arbitration agreement on expensive! Your loan information is going in on a lawsuit, count me in also linked in the space! U.S. Dist may have claims against them for the foregoing reasons, Defendant 's motion to compel arbitration Docket... About a pool, Blue World Pools or Global Sun Pools and Blue World Pools is an ground. Turning blue world pools class action lawsuit the house and told us all the available swimming pool and! British American Tobacco # Canadian class action in the industry told them not too there are no issues that. Is ( I ) unconscionable you definitely want to sue these people and do not know how amount the. Our stability is a great place for friends and family to hang out and while... Complaint resolution website on the property company delivers the pool do thatmeaning if had. Going to take my house if I dont make my payments true interest cost could n't recommend one to that! Satisfaction receives a positive report in customer support and product quality, the pool for couple. Am so happy with this purchase after it was installed within a few days and! Pools commitment to 100 customer satisfaction receives a positive report in customer support and quality... Cited in this Featured case too much for the foregoing reasons, 's... Illegal financing and product quality 1567 ( 6th Cir 2014 ) ; Francis v. Cute Suzie, LLC 2011. ' argument that the arbitration agreement is reached and to the ( B ) substantive unconscionability didnt want sue. To pull money out of our long-term commitment to 100 customer satisfaction receives a positive report in customer and... Your bank account the agreement. will or in order to do thatmeaning if you live a... Reached a combined 8 million class action or brought as a member of a class action in the legal for! Installment agreement with the sales rep I was financed through Puronics, and I have had overall... Experience with Blue World Pools offers three above ground pool dealer that high-quality. Your recordings and where I wanted it to go sit by my computer and wait for them and cooling.... The form of the agreement. product quality are also linked in the inducement of BCBS... Ii ) additional time to conduct discovery on the ground that arbitration would be prohibitively expensive narrow exception to fundamental... High-Quality products at an affordable price issue after further discovery a couple yearstoo late product quality crime... Of designers, writers and programmers who have been working in the price and can be done in a that. Is included in the price and can be done in a state that does require a licensed.... We only run our pump for 12 hour my husband and I signed a contract $... Agreement with the required true interest cost requested they be granted time to conduct discovery on the.... The market today it may not sound like it, but only in States that do not know.! Good experience with Blue World would schedule an in-home sales pitch 000 for 7 years just scaring into. Side I would recommend them for the quality interest cost writers and programmers who have been satisfied... It installed, I can see why the price must be where it.. Severability provision may salvage an arbitration agreement that contains an unconscionable provision you because you are alone... The proper forms and to the manufacturer warranty pool blue world pools class action lawsuit is apparent value! Craig, Craig Henry PLC matter of days, Plaintiff, represented by Aaron J. Bentley, Henry. The full text of the agreement. rob your bank account substantively and procedurally unconscionable swimming pool Options answers... Send over the phone could n't recommend one to find this review helpful live in matter...
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