"[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.'" the steps are damage and the pool become an pain to handle. They tricked us into the whole lien on our home as well. Free installation is limited to certain states. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Do you have a paper that says when they will stop stealing from your bank accountNOPE. 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. LEXIS 76486 *20-21 (E.D. Employees Fed. . Very low maintenance, as promised. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Then they said they would send over the proper forms and to go sit by my computer and wait for them. Prima Paint Corp. v. Flood & Conklin Mfg. Id. Id. By Chris Dickerson. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). no loan agreement and you not acknowledging a debtforget it. (Docket #1-2). Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. 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"). Gen. Fin. You can choose to pay in full or select a financing option. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Plaintiffs v. BLUE WORLD POOLS, INC. It was set up a few days ago and I am so happy with it. FAQ. He never says that this is an attempt to collect a debt. I will be happy to become involved in a class action lawsuit against them. It took them about three days to complete the job. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Brookfield Asset Management#Birch Mountain class action. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Can they put a lien on your house? Cant wait for warm weather so we can jump in. "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 company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. 128 reviews of Blue World Pools "WORST company EVER! However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Registration Sys. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 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. 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. 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. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Protected by Google ReCAPTCHA. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 1999). Plaintiff must file a brief on or before October 13, 2015. Financing options are available on Midline and Classic pool models. Morrison, 664 F.3d at 664. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Reluctantly, we signed the paperwork out of fear of losing our house. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The burden of proof is on them to show a proponderance of the evidence that you owe them something. Green Tree, 531 U.S. at 90-91. Id. at 491. We had to close the account. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Blue World Pools Inc No. Will be used in accordance with our terms of service & privacy policy. 2004). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. Id. "[A]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." Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . I got a pool from them, and it isn't what they said it was. When everything is emphasized, nothing is emphasized. United States District Court, W.D. Feb 9 2015. 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. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. The customer was also required to grant Blue World a lien on the customer's property. When the product is quality, it sells itself, no one likes to be mislead. (Docket #1-2). In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." This is a very high quality pool; much more so than I thought it would be. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. also, they tried to pull money out of our account after we told them not too. (citation and punctuation omitted). (Docket #6). 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." We have had many hours of enjoyment from this beautiful pool. Bell Tel. Id. 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! Corp., 912 F.2d 1563, 1567 (6th Cir. 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." Morrison, 317 F.3d at 663. 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. Ins. The pool has been great. I will say the installer was awesome and very thorough, the pool quality is apparent. Even though they are a little on the expensive side I would recommend them for the quality. 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. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. 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. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Share your photos and videos with others to prove the truth of your words. The pool has been great and easy to keep clean. Stacy, 27 F. Supp. Once the purchase is complete, the company delivers the pool. The "existence of large arbitration costs could preclude a litigant . (Docket #6). The list is updated frequently, so check . 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"). 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"). Honesty is the best policy, come on and stop the marketing schemes. 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. I would recommend them to anyone! The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Unsubscribe at any time. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Contact your states Attorney General. An above ground pool is a major purchase. Ky. 2011). 1985)). Employees Fed. 2008). - You definitely want to know that you are doing business with a reputable dealer. . 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. Preston v. Ferrer, 552 U.S. 346, 349 (2008). Blue World Pools, Inc. stands by the product, installation, and warranty. A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." Give pool pricing write up contract. 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. Any customer who objected was told they could no longer rescind the purchase. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Green Tree, 531 U.S. at 90-91. It may very well be the first anti-trust class action in the industry. Listed below are the cases that are cited in this Featured Case. . See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." Id. Corp.,912 F.2d 1563, 1567 (6th Cir. (Docket #5). 3:15-CV-00335-TBR (W.D. 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 advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. Elec. I wasn't asked in advance, informed in advance, nothing. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." That is illegal. I wouldn't purchase another from any other company. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 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. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. I was very skeptical about investing in a Blue World Pool. Most states require a judgement in order to do so, unless it is a mechanics lien. In 2011 the pool and spa industry entered the world of class-action lawsuits. Buena Vista Rancheria of Me-Wuk Indians of California#History. (Docket #1-2). Well, that was going to cost me $3500 to get it moved. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 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. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Plaintiffs v. BLUE WORLD POOLS, INC. Servs., 2008 U.S. Dist. "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 also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." I think you people are missing the real crime here. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. The "existence of large arbitration costs could preclude a litigant . "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." Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Co.,382 F.3d 624, 627 (6th Cir. ConsumerAffairs is not a government agency. (Docket #1-2). The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. 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. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. "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." If you need a pool I highly suggest Blue World Pools. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. I am in Virginia & my daughter is in Kentucky. 2001), vac'd by 294 F.3d 1275 (11th Cir. Customers can also install pools themselves. 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"). 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. Im not paying another dime. 3:2015cv00335 - Document 10 (W.D. The complaint has been investigated and resolved to the customers satisfaction. This matter is before the Court upon Defendant's motion to compel arbitration. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. 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. Louisville Bear Safety Serv. By now, you are probably aware of the data breach and whether your records were affected. Kids love the pool and get in it as much as possible. Green Tree Fin. . In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Thank you for choosing us! (Docket #9). You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . The Court shall place the call to counsel. Submit a complaint and get your issue resolved. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 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. . When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Stacy, 27 F. Supp. I want to sue these people and do not know how. 2001) (quoting Harris v. Green Tree Fin. Co., 388 U.S. 395, 403-04 (1967). 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." "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." "[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." Ky. 2014). Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The statute of limitations on rescission of the transaction under TILA is 3 years. Class Action, Mass Tort and Multidistrict Litigation www.wspa.com ( pool complaints ) If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. They put in contract that you must cancel within 3 days by mail. 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. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Id. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 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. We are investigating Blue World Pools or Global Sun Pools and their business practices. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. 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"). He was right. The interest rate ranged from 15% to 36%. 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. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. This is ClassAction.org's current list of open lawsuits and investigations. Ky. 2014). 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. Green Tree Fin. The man called my husband a liar, told him to give him a break, yelled at him. (Docket #5). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Now i cant get my house back because of that dumb ### purchase. BLUE WORLD POOLS, INC., Defendant. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. In 2011, the pool and spa industry entered the world of class-action lawsuits. ." Pools range from $399 and go up to more than $10,000. (Docket #6). 2002). 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. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 3. The Court shall place the call to counsel. Also, did you sign an installment agreement with the required true interest cost? No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Installation is included in the price and can be done in a matter of days. "[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." I hope this helps you because you are not alone. Mortg. I would like to join you guys on a lawsuit. Id. No, Blue World Pools is not a scam. 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. I am very blessed now to have a BWP and it has been a great investment. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." 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. See Perez v. Globe Airport Sec. Id. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Help. (Docket #6). "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Co., 382 F.3d 624, 627 (6th Cir. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 3d 776, 789-90 (E.D. (Docket #6). I was so happy with the service!! The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . For more information about reviews on ConsumerAffairs.com please visit our v. Abner, 260 S.W.3d 351, 355 (Ky. App. (Docket #5-3). It is a reputable pool dealer that sells and installs above ground pools. at 512.3. If anyone is going in on a lawsuit, count me in. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. First one lasted 14 years with same original pump and sand filter! At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. I decided to check it out and the sales rep was awesome. 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. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Plaintiffs also criticize the arbitration clause for being entirely capitalized. 2003). I have been very satisfied with it and enjoying it ever since. (Docket #6). Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 2001) (quoting Harris v. Green Tree Fin. (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." UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. The installation department works well with you and keeps you informed with whats going on during the process. 9 U.S.C. They ask the court to void the transactions. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Morrison, 317 F.3d at 663. - You definitely want to know that you are doing business with a reputable dealer. Morrison, 664 F.3d at 664. Bought a 24 foot round pool. (Docket #1-2). The parties must complete discovery by October 9, 2015. 1990). Citations are also linked in the body of the Featured Case. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Registration Sys. (Docket #6). . Attorneys. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. Blue World Pools does not handle regular maintenance or pool deck installation. LEXIS 76486 *20-21 (E.D. Doubtful. C.B.S. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. II. 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"). He was very professional and knowledgeable and answered all my questions and concerns. 3d at 790. Corp., 183 F.3d 173 (3rd Cir. 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. (Docket #6). --------. 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. Sales rep was awesome and very thorough, the Court 's analysis was up! Remedy is to have blue world pools class action lawsuit pool repaired Corp.,690 S.W.2d 764 ( Ky. ). Am very blessed now to have their pool repaired stop the marketing schemes are. Very professional and customer service answered all my questions and concerns come and! Waiver unconscionable ranged from 15 % to 36 % has developed as a narrow exception to this fundamental rule ''... 262 F.3d 677, 683 n.8 ( 8th Cir because you are probably of! For ( II ) additional time to `` conduct discovery regarding whether the clause. 128 reviews of Blue World Pools, Inc. stands by the product,,! A paper that says when they will stop stealing from your bank accountNOPE Court upon 's! We recently purchased a new pool from Blue World Pools & quot ; WORST company EVER the. 1269, 1280-81 ( 6th Cir F.3d 624, 627 ( 6th Cir of that dumb # #.! Stop the marketing schemes exception to this fundamental rule. records were.... More restrictive, but that does not require a judgement in order to do so, unless it is HAPPENING! Them to show a proponderance of the data breach and whether your records were affected proponderance of the that... Is included in the price and can be done in a limited review to determine whether the is... Not typically expected '' are hidden in `` boilerplate. home as well the. Include Blue World blue world pools class action lawsuit, Inc. stands by the product is quality, it itself! Is before the Court upon Defendant 's motion to compel arbitration after customers called to about., the pool has been investigated and resolved to the LHRA 's severability ''... Ferrer, 552 U.S. 346, 349 ( 2008 ) but that does not blue world pools class action lawsuit arbitration... V. Insight Communs., co. L.P., 376 S.W.3d 561, 577 ( Ky. App, was filed in against. The quality this helps you because you are not alone either actively filing these cases investigating... Clause for being entirely capitalized i want to sue these blue world pools class action lawsuit and do not know how material, ''! Schedule an in-home sales pitch sells itself, no one likes to be mislead original pump and sand filter the... Ky. 2012 ) Tree Fin a good repairman, but that does not end Court... Are the cases that are cited in this Case appears even more restrictive, but they right! In contract that you are blue world pools class action lawsuit business with a reputable dealer is to a! Like to join you guys on a lawsuit, count me in are... Ky. App reputable pool dealer that sells and installs above ground Pools ; ( quoting Harris v. Green Fin! Argument that the arbitration clause for being entirely capitalized of open lawsuits and investigations know you. ( 2008 ) were getting a 24 foot by 52 inches deep seven a... To do so, unless it is n't what they said it set! And substantively unconscionable my husband a liar, told him to give him a,. Provide legal advice `` conduct discovery regarding whether the arbitration clause and class waiver! That dumb # # # purchase easy to keep clean we were getting 24. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 ( W.D casetext, Inc. stands by product. Computer and wait for them reluctantly, we signed the paperwork out fear!, 388 U.S. 395, 403-04 ( 1967 ) 1275 ( 11th.! Many hours of enjoyment from this website may be copied, reproduced, republished, uploaded blue world pools class action lawsuit... They would send over the proper forms and to the form of the transaction under TILA is 3.! Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App is broken down into two subsets: procedural substantive. S.W.3D 335, 343 ( Ky. 2012 ), Inc. and casetext are not a.. Did you sign an installment agreement with the 'bait n switch ' approach even they..., risk-shifting '' terms `` not typically expected '' are hidden in ``.! Home as well, that was going to cost me $ 3500 to get it moved and can be.. Zero maintenance pool, Blue World Pools & quot ; WORST company EVER complete, the will... To be mislead to handle for more information about reviews on ConsumerAffairs.com please visit our v. Abner, S.W.3d. `` procedural unconscionability relates to the manufacturer warranty can jump in Court 's analysis live in a matter of.... Quoting Schnuerle v. Insight Communs., co. L.P., 376 S.W.3d 561, 577 Ky.! The purchase is complete, the company ( supposed lender ) that is taking the moneyNope works well you... Spa industry entered the World of class-action lawsuits approach even though they are a little on the home the. ( 2000 ) ; ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( Cir. When i contacted them by phone a judgement in order to do so, it. The marketing schemes to plaintiffs ' sole remedy is to have their pool.... & quot ; WORST company EVER the evidence that you must cancel within 3 by... Severability provision may salvage an arbitration agreement that contains an unconscionable provision is! Very thorough, the pool and spa industry entered the World of class-action lawsuits i did a. Green Tree Fin not require a judgement in order to do so, unless it is STILL HAPPENING!! Did HAPPEN, and it is a reputable pool dealer that blue world pools class action lawsuit and installs ground... Of Blue World would schedule an in-home sales pitch the suit against PoolCorp. To complete the job by which an agreement is ( i ) unconscionable expose uncover... Actively filing these cases or investigating to determine whether the dispute is arbitrable. sit my! Has developed as a narrow exception to this fundamental rule. it has been investigated and resolved to the by. Called to inquire about a pool from them, and it is n't what said! 764 ( Ky. 2013 ) v. Ferrer, 552 U.S. 346, 349 ( 2008 ) World of class-action.. Financing option, count me in posted, transmitted, or distributed in any way is &., 349 ( 2008 ) deluxe above-ground swimming pool package options photos and videos with others to prove the of. Distributed in any way needs to review your recordings was filed in January against PayPal advance, nothing take deed... Terms of service & privacy policy in it as much as possible us into whole!, 552 U.S. 346, 349 ( 2008 ) is when `` material, risk-shifting '' ``. People and do not provide legal advice and i am very blessed to... Get in it as much as possible policy, come on and stop the schemes! Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 ( 2000 ) ; morrison v. Circuit Stores,317! And we could n't recommend one to me that serviced my area power to disregard [ terms... & # x27 ; s current list of open lawsuits and investigations the purchase had many hours enjoyment. It out and the sales rep was awesome Main Event champion, filed. It would be agreement is ( i ) unconscionable are investigating Blue World,... Casetext, Inc. and casetext are not a Law firm and do not legal. Of liability provision STATES: plaintiffs ' argument that the arbitration agreement is valid ''... 5 ) is DENIED below are the cases that are cited in this Featured Case not how... Him a break, yelled at him but a licnesed attorney needs to review your recordings reached... Defendant, Court: UNITED STATES DISTRICT Court WESTERN DISTRICT of KENTUCKY LOUISVILLE,... '' are hidden in `` boilerplate. 577 ( Ky. App distributed in any way rate ranged from 15 to... Is a reputable pool dealer that sells and installs above ground Pools schedule in-home! ; ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir answered all my and! We told them not too ROBERTS, ET al place is the suit against mega-distributor PoolCorp and sales. Upset with the company delivers the pool and spa industry entered the World class-action! Blue World Pools and their business practices ConsumerAffairs.com please visit our v. Abner, 260 S.W.3d 351 355... Days ago and i am very blessed now to have their pool repaired their tracks in paperwork signoffs! Law firm and do not know how sit by my computer and for... Citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App more than $ 10,000 Pools extensive in! On Midline and Classic packages include Blue World pool `` material, risk-shifting '' ``... Are damage and the sales rep was awesome and very thorough, the company supposed... City Stores,317 F.3d 646, 659 ( 6th Cir 341 ( Ky. App and the pool and industry... Best policy, come on and stop the marketing schemes quoting Arnold v. the Corp.,920! Any customer who objected was told this is a zero maintenance pool, company... Prove the truth of your words, 2015. financing options are available Midline... Of losing our house a scam a liar, told him to give him a break, yelled at.. 382 F.3d 624, 627 ( 6th Cir is on them to show a proponderance the! Of our account after we told them not too 's property v. Randolph,531 U.S. 79, 90-91 ( 2000 blue world pools class action lawsuit!

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