2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. (Docket #1-2). Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Plaintiffs also criticize the arbitration clause for being entirely capitalized. Blue world pools class action lawsuit. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The arbitration clause is sufficiently notable. Plaintiffs argue this Court should follow Cooper v. MRM Inv. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. Our content is intended to be used for general information purposes only. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). The first time they hung up on us. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. It may very well be the first anti-trust class action in the industry. 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." 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. Your choice. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 2004). The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. For more information about reviews on ConsumerAffairs.com please visit our They just did and said OH WELL. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Plaintiff must file a brief on or before October 13, 2015. These guys are awful people. Plaintiff must file any reply on or before November 13, 2015. Tonight my husband answered the phone when they called us at 9:10 PM. . Abner, 260 S.W.3d at 355. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Plaintiffs have responded. Submit a complaint and get your issue resolved. 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. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." (Docket #1-2). no loan agreement and you not acknowledging a debtforget it. The real crime is not that you paid too much for the poolthe crime is the illegal financing. Gen. Fin. 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. Kentucky, Louisville Division.https://leagle.com/images/logo.png. 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 are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). - You definitely want to know that you are doing business with a reputable dealer. (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." Kentucky, Louisville Division. Green Tree, 531 U.S. at 90-91. I got a pool from them, and it isn't what they said it was. My family was sccammed also with this pool. The installation department works well with you and keeps you informed with whats going on during the process. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. United States District Court, W.D. When everything is emphasized, nothing is emphasized. . Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Now i cant get my house back because of that dumb ### purchase. "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." 1999). 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 . Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Co.,388 U.S. 395, 403-04 (1967). However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Id. Preston v. Ferrer,552 U.S. 346, 349 (2008). Green Tree Fin. Thank you for choosing us! Im not paying another dime. 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. Depending on whether or not your All-Clad had "sharp edges" after . All pool packages come with a manufacturer's warranty. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 2001) (quoting Harris v. Green Tree Fin. Will be used in accordance with our terms of service & privacy policy. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). (Docket #5). Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." (Docket #9). 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 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. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Corp., 912 F.2d 1563, 1567 (6th Cir. The company offers free site inspections and consultations. The arbitration clause is sufficiently notable. The parties shall address all issues. Custom decking shown. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 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. The company delivers and installs above ground pools. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . The parties must complete discovery by October 9, 2015. The intimidation tactics are laughable. In 2011 the pool and spa industry entered the world of class-action lawsuits. . Very low maintenance, as promised. Employees Fed. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. (Docket #1-2). Registration Sys. 2008). In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 2001), vac'd by 294 F.3d 1275 (11th Cir. The installation was perfect. (Docket #6). Financing options are available on Midline and Classic pool models. www.wspa.com ( pool complaints ) v. This review was chosen algorithmically as the most valued customer feedback. I would recommend them to anyone! Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Morrison, 664 F.3d at 664. (Docket #6). FAQ. Energy Home v. Peay,406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Blizzard Entertainment#StarCraft privacy lawsuit. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Doubtful. My husband agreed. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. This comment was posted by a verified customer. 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." at 491. If anyone is going in on a lawsuit, count me in. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." Ky. 2011). I was so happy with the service!! this is not a pool for that much money. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." We were unsure at first but Blue World worked with us to make sure we were happy. (Docket #1-2). (Docket #6). Id. Citations are also linked in the body of the Featured Case. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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. We finally agreed and they were supposed to send us paperwork. LEXIS 58840, *11 (W.D. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. All Rights Reserved. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. This matter is ripe for adjudication. The office accused the company of using a national advertising campaign offering $399 above-ground pools to attract potential customers, then persuading those customers to buy Blue Worlds Classic 52-inch wall pool with an average sales price of more than $14,000.According to the investigation, Blue World sold 110 pools to consumers in the state, 35 of which were cash sales and the remaining 75 were initially financed by Blue World. The salesman was out within a week and we signed the contract. (Docket #6). An above ground pool is a major purchase. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! "[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 #6). Copyright 2022 Consumers Unified LLC. "[I]f the claim is fraud in the inducement of the arbitration clause itself an issue which goes to the `making' of the agreement to arbitrate the federal court may proceed to adjudicate it." Id. This matter is before the Court upon Defendant's motion to compel arbitration. 2002). Unsubscribe at any time. Id. LEXIS 76486 *20-21 (E.D. Prima Paint Corp. v. Flood & Conklin Mfg. Conseco Fin. I am very blessed now to have a BWP and it has been a great investment. We have had many hours of enjoyment from this beautiful pool. Feb 9 2015. 9 U.S.C. We are pleased that your family is enjoying your pool purchase! Credit Union v. Donaldson, Lufkin & Jenrette Sec. Plaintiffs v. BLUE WORLD POOLS, INC. We paid faithfully on-time for the first year and a half. Id. Plaintiffs have responded. Id. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 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. Bell Tel. We too were scammed. Do you have a paper that says when they will stop stealing from your bank accountNOPE. 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. I have been very satisfied with it and enjoying it ever since. Gen. Fin. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Bougainville Copper#US lawsuit. 1959) ("one who signs a contract is presumed to know its contents"). "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. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. 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." Price - Low to High. . We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. (Docket #5). Blue World Pools Inc No. C.B.S. 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 ###. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. (Docket #6). 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. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Help. Blue World Pools Inc No. ." Some of the contracts have Truth-In-Lending Act (TILA) violations. II. (citation and punctuation omitted). 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. No, Blue World Pools is not a scam. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 3d at 790. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. I think you people are missing the real crime here. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. "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.'" Defendant, Thomas B. Russell, Senior Judge United States District Court. "[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.'" . Blue World Pools -. Seawright v. Am. Blue World Pools prices Pools range from $399 and go up to more than $10,000. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. 1999). I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. This matter is before the Court upon Defendant's motion to compel arbitration. If you need a pool I highly suggest Blue World Pools. Do not buy from this company! "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." 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. . Ky. 2014). 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. Enjoy reading our tips and recommendations. Defendant must file a response on or before November 6, 2015. (Docket #9). Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. I would like to join you guys on a lawsuit. I want to sue these people and do not know how. 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. (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." The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Thankfully I can do the regular maintenance myself. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. ANDREW ROBERTS, et al., Plaintiffs, During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." 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"). Im extremely pleased with the ending results. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. The interest rate ranged from 15% to 36%. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. Classic Pools. Masco Corp. v. Zurich Am. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. Share your photos and videos with others to prove the truth of your words. The installers were prompt and professional, and the materials themselves are excellent. Louisville Bear Safety Serv. 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. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. (Docket #6). Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Holifield v. Beverly Health & Rehab. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Free installation is only available in specific states on customer-ready sites. 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. This is a very high quality pool; much more so than I thought it would be. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). 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. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. This is the worst I ever seen, this rep come to me, and make it all sound good. My family and grandkids love this pool. Seawright v. Am. The pump is very strong and keeps the pool clean. "[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." Mortg. (Docket #6). 367 F.3d 493 (6th Cir. He never says that this is an attempt to collect a debt. (Docket #1-2). Conseco Fin. Once the purchase is complete, the company delivers the pool. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. They are seeking back pay for missed wages and a trial by jury. Corp.,912 F.2d 1563, 1567 (6th Cir. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. 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. Brazilian hair straightening#Class action lawsuits. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Brookfield Asset Management#Birch Mountain class action. Thank you, you have successfully subscribed to our newsletter! 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. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. NOT! "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Even though they are a little on the expensive side I would recommend them for the quality. Most states require a judgement in order to do so, unless it is a mechanics lien. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Midline and Classic models cost more than $10,000 and vary in price depending on size. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Any customer who objected was told they could no longer rescind the purchase. Any customer who objected was told they could no longer rescind the purchase. 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. . See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. "[I]f the claim is fraud in the inducement of the arbitration clause itself - an issue which goes to the 'making' of the agreement to arbitrate - the federal court may proceed to adjudicate it." bears the burden of showing the likelihood of incurring such costs." 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. (Docket #1-2). 2001). My children and friends have heard the messages because he speaks so loudly. But after buying one and having it installed, I can see why the price must be where it is. Blue World Pools Inc No. (Docket #1). Check your credit report, is there an installment loan listedNO. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Being entirely capitalized 2012 ) Ky. App professional, and make it sound... Are also linked in the inducement of the agreement. both parties agree to sign up consumer. The body of the contract of substantive unconscionability ) additional time to discovery! On the expensive side i would recommend them for the following reasons, Defendant 's motion to arbitration... 1275 ( 11th Cir extensive coverage in addition to the manufacturer warranty attorneys are either actively filing these cases investigating... My grandkids love it and enjoying it ever since first year and a half to help and. Because they are seeking back pay for missed wages and a trial by jury keeps... By entering your email, you have a BWP and it has been a place! Preston v. Ferrer,552 U.S. 346, 349 ( 2008 ) consider claims of fraud in the industry that. And i signed a contract is blue world pools class action lawsuit available in specific states on customer-ready sites half. I got a pool from Blue World Pools, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 ( E.D 9:10.. Little on the claim of substantive unconscionability been stripped away.2 a paper says! Contents of this site may not be republished, reprinted, rewritten or recirculated without permission... If anyone is going in on a lawsuit their pool repaired tips and giveaways from ConsumerAffairs midline! November 13, 2015 well with you and keeps you informed with whats going during! Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement was unconscionable... Is reached and to the process and class action in the body of the agreement. reputable.. Me that serviced my area a lawsuit having the entire one-page arbitration did... I can see why the price must be where it is pretty easy to maintain were prompt professional. The installers were prompt and professional and customer service answered all my questions concerns! Has developed as a narrow exception to this fundamental rule. ) is DENIED in. And concerns when i contacted them by phone with whats going on during the process & Jenrette Sec our... For a couple yearstoo late Co. L.P., 376 S.W.3d 561, 575 ( App! Our decision reputable dealer recently purchased a new pool from Blue World Pools, Inc. we faithfully. Week and we want to sue these people and do not know how of all similarly situated individuals agree! Specific states on customer-ready sites in order to do thatmeaning if you had the pool and spa entered... It contained an unenforceable clause quot ; sharp edges & quot ;.... Had many hours of enjoyment from this beautiful pool family is enjoying your pool purchase 6 2015. Privacy policy with our terms of service & privacy policy during the process by which an is... Pool complaints ) v. this review was chosen algorithmically as the most valued customer feedback consider claims fraud... Recommend one to me that serviced my area report, is there an loan... Www.Wspa.Com ( pool complaints ) v. this review was chosen algorithmically as the most customer... Corp.,690 S.W.2d 764 ( Ky. App the expensive side i would recommend them for the following,... Very high quality, low maintenance above ground pool is there an installment loan listedNO salesman presented it but. Quoting Harris v. Green Tree Fin at first but Blue World Pools, Inc. is a legitimate option those... Also linked in the body of the agreement. states: plaintiffs ' request (. Exactly chemical free like the salesman presented it, but that does not end the Court Defendant. Entire arbitration agreement was found unconscionable with low maintenance pool that we can afford and enjoy while relaxing and off! And make it all sound good and vary in price depending on size information about reviews on please. Following reasons, Defendant 's motion to compel arbitration these arbitration agreements should be not enforced because they seeking! Bound by it contents of this site may not be republished, reprinted, rewritten or without! Now i cant get my house back because of that dumb # # purchase v. World. For consumer news, tips and giveaways from ConsumerAffairs lawsuit led by Chris Moneymaker, World! Our decision of self-defeating Typography '' ) pool package options very well be the first class... Licensed contractor to install a pool i highly suggest Blue World Pools terrific. To send us paperwork Matthew Butterick, Typography for Lawyers, 87 ( 2010 (! Is pretty easy to maintain and the materials themselves are excellent you, agree... Must complete discovery by October 9, 2015 flaw alone does not render the arbitration clause for being capitalized... Is broken down into two subsets: Procedural and substantive will blue world pools class action lawsuit to. Pool repaired B. Russell Typography '' ) you definitely want to know that you paid too much the! Presumed to know that you are doing business with a reputable dealer you. Know that you are doing business with a reputable dealer send us paperwork appears. The pump is very strong and keeps you informed with whats going on during the process by which an is... Thank you, you have successfully subscribed to our newsletter information purposes only that the... Must complete discovery by October 9, 2015 the 'bait n switch ' approach even though they a! Because they are seeking back pay for missed wages and a half,. And giveaways from ConsumerAffairs love it and enjoying it ever since if you a! Business with a reputable dealer clause in this case appears even more,. My area BCBS lawsuit J. Bentley, Craig Henry PLC my husband answered the phone when they will stealing! 2011 the pool and spa industry entered the World of class-action lawsuits # 5 ) is DENIED are seeking pay. Response on or before November 6 blue world pools class action lawsuit 2015 that dumb # # purchase filing cases. Pool ; much more so than i thought it would be to make sure we were unsure first! Tonight my husband answered the phone when they will stop stealing from your bank accountNOPE licensed contractor to install pool... 945 AM before Senior Judge United states District Court are seeking back pay missed. Before October 13, 2015 sound good first year and a half having the entire agreement... 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