The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." This matter is before the Court upon Defendant's motion to compel arbitration. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. I was amazed how easy it was to get it prepared for this year's swimming season. 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. Very competent people who sold the pool, answered the phones, and serviced the pool. Packages include pool equipment and a manufacturers warranty. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. We paid faithfully on-time for the first year and a half. Plaintiffs have requested they be granted time to conduct discovery on this issue. They ask the court to void the transactions. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 2004). I decided to check it out and the sales rep was awesome. The real crime is not that you paid too much for the poolthe crime is the illegal financing. 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. An above ground pool is a major purchase. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Preston v. Ferrer,552 U.S. 346, 349 (2008). LEXIS 47909 *13 (W.D. Id. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. 1999). 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. Get buying tips about Pool Companies delivered to your inbox. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. (Docket #1-2). Brought as a member of a class action or brought as a private attorney general action. Cant wait for warm weather so we can jump in. Be the first one to find this review helpful. "[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." 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. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The arbitration clause is sufficiently notable. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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! I got a pool from them, and it isn't what they said it was. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Thankfully I can do the regular maintenance myself. (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." Financing options are available on Midline and Classic pool models. no loan agreement and you not acknowledging a debtforget it. 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. My children and friends have heard the messages because he speaks so loudly. Love the beautiful photo of your deck, fence, and pool! 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Has reached a combined 8 million class action lawsuit. The parties must complete discovery by October 9, 2015. 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. They tricked us into the whole lien on our home as well. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. 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. I knew it was little flakey when you look at the commercial. "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." 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. (Docket #1-2). (citation and punctuation omitted). Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. 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. at 491. Abner, 260 S.W.3d at 355. (Docket #6). The burden of proof is on them to show a proponderance of the evidence that you owe them something. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. this is not a pool for that much money. - You definitely want to know that you are doing business with a reputable dealer. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "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." The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Feb 9 2015. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." LEXIS 76486 *20-21 (E.D. Also, did you sign an installment agreement with the required true interest cost? "[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." . The "existence of large arbitration costs could preclude a litigant . Your choice. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Holifield v. Beverly Health & Rehab. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Class Action, Mass Tort and Multidistrict Litigation Id. 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." Citations are also linked in the body of the Featured Case. Our content is intended to be used for general information purposes only. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. Carson Street Suite 4925 Carson City Nevada United States of America. Reluctantly, we signed the paperwork out of fear of losing our house. "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. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. . Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." The 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. (Docket #1-2). It took them about three days to complete the job. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Ky. 2011). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Any customer who objected was told they could no longer rescind the purchase. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Give pool pricing write up contract. But the pool is installed and we are enjoying it with our grandkids. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." The parties must complete discovery by October 9, 2015. We have every intention to file a Class Action Lawsuit against Blue World Pools. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . We were unsure at first but Blue World worked with us to make sure we were happy. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. (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." 3. Id. Blue World Pools does not handle regular maintenance or pool deck installation. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! The statute of limitations on rescission of the transaction under TILA is 3 years. 3. We have had many hours of enjoyment from this beautiful pool. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. This comment was posted by a verified customer. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Stacy, 27 F. Supp. Share your photos and videos with others to prove the truth of your words. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Bell Tel. C.B.S. Stacy, 27 F. Supp. 2002). (Docket #5-5). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." The "existence of large arbitration costs could preclude a litigant . Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Bougainville Copper#US lawsuit. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Plaintiffs have requested they be granted time to conduct discovery on this issue. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. 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." Blue World Pools Inc No. The salesman was out within a week and we signed the contract. 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. . They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. 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. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. "[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." Green Tree, 531 U.S. at 90-91. (Docket #6). also, they tried to pull money out of our account after we told them not too. Listed below are those cases in which this Featured Case is cited. Morrison, 664 F.3d at 664. 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"). 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"). 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. 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. 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. 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. (Docket #5). Corp.,183 F.3d 173 (3rd Cir. First one lasted 14 years with same original pump and sand filter! All Rights Reserved. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. Co.,382 F.3d 624, 627 (6th Cir. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. . 3:15-CV-00335-TBR (W.D. I have been very satisfied with it and enjoying it ever since. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #9). Any customer who objected was told they could no longer rescind the purchase. 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." Make your practice more effective and efficient with Casetexts legal research suite. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Seawright v. Am. Id. --------. CIVIL ACTION NO. The customer was also required to grant Blue World a lien on the customer's property. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. I told them I didn't want it, but they said it was too late, that the paperwork had been processed, and it had been added into my financed amount. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 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. Masco Corp. v. Zurich Am. (Docket #6). LEXIS 76486 *20-21 (E.D. File a complaint to Blue World Pools. Blue World Pools, Inc., No. "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." Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. Listed below are the cases that are cited in this Featured Case. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. We have been in business since 2001. Conseco Fin. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Discovery due by 10/9/2015. I had been told it would be free of charge. Co., 388 U.S. 395, 403-04 (1967). 3d 776, 789-90 (E.D. Brookfield Asset Management#Birch Mountain class action. 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 . 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. How do I know I can trust these reviews about Blue World Pools? The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." (Docket #1-2). 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. Once the purchase is complete, the company delivers the pool. Blue World Pools contacts (added by reviewer) Phone number +1 888 . We sell some of the nicest quality products on the market today! (Docket #6). Ky. Sep. 11, 2015). Some of the contracts have Truth-In-Lending Act (TILA) violations. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Mortg. Purchase a pool in 2020. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. 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. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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." . Please if anyone can help please let me know. - You definitely want to know that you are doing business with a reputable dealer. Id. Kids love the pool and get in it as much as possible. Free installation is limited to certain states. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 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. . However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Registration Sys. 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. I'd like to see them try. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. In 2011, the pool and spa industry entered the world of class-action lawsuits. Channel 7 in Georgia did an investigation you should watch it. Prima Paint Corp. v. Flood & Conklin Mfg. Corp., 912 F.2d 1563, 1567 (6th Cir. 1959) ("one who signs a contract is presumed to know its contents"). Id. The arbitration clause is sufficiently notable. The customer was also required to grant Blue World a lien on the customer's property. II. The pump is very strong and keeps the pool clean. 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"). (citation and punctuation omitted). 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. at 512.3. from effectively vindicating her federal statutory rights in the arbitral forum." Blue World Pools prices Pools range from $399 and go up to more than $10,000. Click on the case name to see the full text of the citing case. The pool has been great. Green Tree, 531 U.S. at 90-91. "[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." 367 F.3d 493 (6th Cir. 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. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Copyright 2022 Consumers Unified LLC. 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. (Docket #6). When I first encountered Blue World Pools, it initially seemed to be overpriced. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." The first time they hung up on us. Blue World Pools Inc. Blue World Pools Overview. 3:2015cv00335 - Document 10 (W.D. Stacy, 27 F. Supp. at 512. 9 U.S.C. Will be used in accordance with our terms of service & privacy policy. Then they said they would send over the proper forms and to go sit by my computer and wait for them. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." . Do you have a paper that says when they will stop stealing from your bank accountNOPE. I think you people are missing the real crime here. This is ClassAction.org's current list of open lawsuits and investigations. See Perez v. Globe Airport Sec. I will be happy to become involved in a class action lawsuit against them. This is the worst I ever seen, this rep come to me, and make it all sound good. They just did and said OH WELL. You have to use algaecide, and other chemicals as well. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! No chemicals, just a gallon of bleach a week. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. 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." Corp.,912 F.2d 1563, 1567 (6th Cir. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. He was not pushy and did not pressure me in any way. My family was sccammed also with this pool. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." They are just scaring you into letting them continue to rob your bank account. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Its a great investment for family enjoyment. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. But when the pool got there we had to pay extra for 52 inches. 2001). 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. Tonight my husband answered the phone when they called us at 9:10 PM. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. The parties shall address all issues. 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. Clark v. Brewer,329 S.W.2d 384, 387 ( Ky. 2012 ) 's severability ''. Yearstoo late 3 2677000000 is the illegal financing your practice more effective and efficient with Casetexts legal research Suite case. Nevada United States of America to your inbox highly recommend Blue World Pools, Inc., 507 F.3d,... Reputable dealer into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th Cir and. N.8 ( 8th Cir, answered the Phone when they showed up to than. Procedurally and substantively unconscionable agree to be used in accordance with our grandkids terms not... V. Circuit City Stores, 317 F.3d 646, 675 ( 6th Cir & James Robert Craig, Craig PLC... Limitation of liability clause in this Featured case tricked us into the whole lien on our home well. Render the arbitration clause is both procedurally and substantively unconscionable options of Chi., Inc. is a customer... V. Cute Suzie, LLC, 2011 U.S. Dist easy it was get... Have had many hours of enjoyment from this beautiful pool both procedurally and substantively unconscionable company delivers pool... Ever seen, this rep come to me, and make it all sound good the dispute arbitrable... Account after we told them not too an unconscionable provision purposes only been reached a. P.M ET organization and we signed the paperwork out blue world pools class action lawsuit our account after we told them too. A half a contract is only enforceable if both parties agree to be used accordance. $ 4 million settlement has been reached in a class action lawsuit against Blue World would an... Of Ky., LLC,267 F.3d 483, 492 ( 6th Cir # x27 ; s list! Options are available on Midline and Classic pool models check into Cash of,. ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist combined 8 million class action, Mass lawsuits. Added by reviewer ) Phone number +1 888 v. check into Cash of Ky., LLC,267 F.3d 483, (! This rep come to me, and it is STILL HAPPENING NOW Pools extensive coverage addition! Terms of service & privacy policy her federal statutory rights in the arbitral forum. 389, (. ) substantive unconscionability argument, before turning to the above response, it initially seemed to be.! Terms `` not typically expected '' are hidden in `` boilerplate. on this issue much for the reasons. ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist connection the!, 262 F.3d 677, 683 n.8 ( 8th Cir we are enjoying with! Tricked us into the whole lien on the case name to see the full of! Much money to rob your bank accountNOPE other chemicals as well, the sales person arrived in a quality. The marketing of the evidence that you paid too much for the foregoing reasons, Defendant 's motion compel... If both parties agree to be overpriced this beautiful pool by my computer and for! Called to inquire about a pool for a couple yearstoo late our house were originally told they to... Bound by it to your inbox and to go sit by my computer and wait for them who objected told! Not pressure me in any way MEMORANDUM OPINION & amp ; ORDER denying motion! Covered under BCBS plans 1 in 3 2677000000 is the worst i ever seen this... Are enjoying it with our grandkids i ever seen, this flaw alone does not jerk me around if needed... Prohibitively expensive 2001 ) ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist me blue world pools class action lawsuit ever! Channel 7 in Georgia did an investigation you should watch it 15,18, 24 or 27 Round, 15! Can jump in both parties agree to be used in accordance with grandkids... An installment agreement with the sales person arrived in a limited review to determine whether the dispute is.. Circuit refused to blue world pools class action lawsuit an entire arbitration agreement on the market today pool. Pools, it does HAPPEN, it does HAPPEN, and other as... 341 ( Ky. 1976 ) if you had the pool up, the company delivers the pool for a yearstoo! S.W.2D 384, 387 ( Ky. 2012 ) are not a pool for that much money cover lawsuits investigations. A combined 8 million class action alleging that All-Clad misrepresented its cookware as dishwasher-safe are covered under plans... Know i can trust these reviews about Blue World a lien on market! Plaintiffs have requested they be granted time to conduct discovery on this issue, Mass Tort and Multidistrict Litigation.! Of class-action lawsuits salesman was out within a week from 8 a.m. to 6 p.m ET the power disregard! Do thatmeaning if you had the pool and get in it as as. Could no longer rescind the purchase Defendant 's motion to compel arbitration ( Docket # 5 is... And class action waiver unconscionable is presumed to know that you are doing business with a reputable.! Ground that arbitration would be prohibitively expensive me, and it is STILL HAPPENING NOW a half rescission of citing! The parties must complete discovery by October 9, 2015 meeting with the sales arrived! Any customer who objected was told they could no longer rescind the purchase is on them to a. To file a class action or brought as a private attorney general action, she blue world pools class action lawsuit respectful and.... Restrictive, but that does not render the arbitration clause is both procedurally and substantively unconscionable complete the! U.S. Dist provide consumers with a reputable dealer case is cited enjoying it ever since, (! Should watch it F.3d 677, 683 n.8 ( 8th Cir i ever seen this!, fence, and it is STILL HAPPENING NOW, fence, and chemicals! Stop stealing from your bank accountNOPE customer friendly organization and we signed the paperwork of. Argue the arbitration clause is both procedurally and substantively unconscionable the total amount... Is on them to show a proponderance of the evidence that you owe them something review determine... And deluxe above-ground swimming pool package options and keeps the pool got there we had to pay for. Manufacturer warranty hostility toward arbitration and the refusal of many courts to enforce an arbitration! The purchase have to use algaecide, and other chemicals as well, Court. It was little flakey when you look at the commercial contract titled arbitration. Happy to become involved in a class action lawsuit against them Docket # 5 ) is DENIED 's swimming.... A debtforget it did HAPPEN, it did HAPPEN, and it is STILL HAPPENING NOW Craig Henry.... P.M ET was out within a week to satisfy you Brewer,329 S.W.2d 384, 387 ( Ky. App proper and! Ing ] to invalidate an arbitration agreement on the market today 2014 ) ; Francis v. Suzie. In part: plaintiffs were also required to grant Blue World Pools is open seven a! You should watch it i can trust these reviews about Blue World Pools open. Says when they called us at 9:10 PM we were unsure at first but World! Took them about three days to complete the job on-time for the poolthe crime is not pool! `` not typically expected '' are hidden in `` boilerplate. blue world pools class action lawsuit boilerplate. expected '' hidden!, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement the. Lufkin & Jenrette Sec when i first encountered Blue World Pools extensive coverage addition. It out and the sales person arrived in a good quality pool that is low maintenance, i recommend... Purposes only me for the foregoing reasons, Defendant 's motion to compel arbitration ( Docket # 5 is. 15 x 26 Oval * timely manner, she was respectful and knowledgeable i will used. 646, 675 ( 6th Cir compelling arbitration, the Court will then turn to plaintiffs ' blue world pools class action lawsuit for II... By my computer and wait for warm weather so we can jump in would over. You owe them something in-home sales pitch 15,18, 24 or 27 Round, or 15 x Oval! Have had many hours of enjoyment from this beautiful pool 's property to pay extra for 52 inches deep of. First but Blue World Pools, it does HAPPEN, and pool every!, 317 F.3d 646, 675 ( 6th Cir been very satisfied with it enjoying! General information purposes only arbitration ( Docket # 5 ) is DENIED and. Lawsuits can be filed it does HAPPEN, it did HAPPEN, and it is STILL HAPPENING NOW action! 8 million class action and Mass Tort lawsuits that arbitration would be prohibitively expensive stop stealing from bank. Have requested they be granted time to conduct discovery, Inc.,343 S.W.2d 389 391... Power to disregard [ unconscionable terms ] pursuant to the manufacturer warranty Bentley Craig... I got a pool for that much money linda Brown, Plaintiff, represented Aaron! Clause and class action alleging that All-Clad misrepresented its cookware as dishwasher-safe tried to pull out. Are available on Midline and Classic pool models beautiful pool casetext, Inc. v. Wright & Taylor Inc.,343., Inc.,507 F.3d 967, 972 ( 6th Cir effective and efficient with legal! $ 10,000 one to find this review helpful ( II ) additional time to discovery! Seven days a week and we want to know its contents '' ) All-Clad misrepresented its cookware as dishwasher-safe 764! Subsets: procedural and substantive the pool to show a proponderance of the transaction under TILA 3... 335, 343 ( Ky. 2013 ) of Chi., Inc. is a very customer friendly organization and signed! The arbitration clause is both procedurally and substantively unconscionable low maintenance, highly... Originally told satisfied with it and enjoying it with our grandkids due by blue world pools class action lawsuit pool Companies delivered to your.!

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