No, Blue World Pools is not a scam. 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." THOMAS B. RUSSELL, Senior District Judge. Now i cant get my house back because of that dumb ### purchase. (Docket #6). Defendant, Thomas B. Russell, Senior Judge United States District Court. My family was sccammed also with this pool. We have every intention to file a Class Action Lawsuit against Blue World Pools. 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"). C.B.S. Masco Corp. v. Zurich Am. 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. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. 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 . Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Masco Corp. v. Zurich Am. (Docket #6). Installation is included in the price and can be done in a matter of days. . [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). We agreed to the less expensive pool. 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. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. 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. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . 2008). Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. "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." Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Corp., 912 F.2d 1563, 1567 (6th Cir. Blue World Pools Inc. Blue World Pools Overview. (Docket #5). They were very friendly and helpful and never made me feel stupid about questions I had. 1990). (Docket #6). . 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. Blizzard Entertainment#StarCraft privacy lawsuit. Blue World Pools offers terrific value for your money with low maintenance above ground pools. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Blue World Pools, Inc., No. The pump is very strong and keeps the pool clean. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." v. S. Cent. They put in contract that you must cancel within 3 days by mail. Blue World Pools -. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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." Credit Union v. Donaldson, Lufkin & Jenrette Sec. But after buying one and having it installed, I can see why the price must be where it is. 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. Elec. 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 salesman was out within a week and we signed the contract. 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. (Docket #1-2). 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Be the first one to find this review helpful. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Gen. Fin. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 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." They ask the court to void the transactions. Employees Fed. C.B.S. But the pool is installed and we are enjoying it with our grandkids. The parties shall address all issues. We too were scammed. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Get buying tips about Pool Companies delivered to your inbox. 3d 776, 789-90 (E.D. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. He never says that this is an attempt to collect a debt. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. A rep came to the house and told us all the great things about this pool. 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. 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. Most states require a judgement in order to do so, unless it is a mechanics lien. Plaintiffs have responded. Im not paying another dime. 9 U.S.C. See Perez v. Globe Airport Sec. Corp., 183 F.3d 173 (3rd Cir. Bougainville Copper#US lawsuit. . . The company offers free site inspections and consultations. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. CIVIL ACTION NO. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . 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. Stacy, 27 F. Supp. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS 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." Co.,388 U.S. 395, 403-04 (1967). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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. Could have been an honest mistake. Purchase a pool in 2020. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). "[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." United States District Court, W.D. "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." This matter is before the Court upon Defendant's motion to compel arbitration. 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." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Midline and Classic models cost more than $10,000 and vary in price depending on size. I knew it was little flakey when you look at the commercial. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. I am very blessed now to have a BWP and it has been a great investment. Corp.,183 F.3d 173 (3rd Cir. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 1990). Id. Please if anyone can help please let me know. This program is a way businesses can turn negatives into a positive. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. The intimidation tactics are laughable. "[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." Feb 9 2015. She measured where the pool would go and where I wanted it to go. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Customers can also install pools themselves. 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. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. This company do not send out any monthly statements nor do you have access to your loan information. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. (Docket #9). For more information about reviews on ConsumerAffairs.com please visit our The pool has been great and easy to keep clean. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. This matter is ripe for adjudication. (Docket #1-2). Check your credit report, is there an installment loan listedNO. bears the burden of showing the likelihood of incurring such costs." The real crime is not that you paid too much for the poolthe crime is the illegal financing. . Servs., Inc.,507 F.3d 967, 972 (6th Cir. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The salesman had all types of information and facts about going with the non- chlorine pool. 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. v. Abner,260 S.W.3d 351, 355 (Ky. App. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. The interest rate ranged from 15% to 36%. No chemicals, just a gallon of bleach a week. (Docket #1-2). The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. I will say the installer was awesome and very thorough, the pool quality is apparent. The installers were prompt and professional, and the materials themselves are excellent. Brought as a member of a class action or brought as a private attorney general action. The installation was perfect. 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. Attorneys. (Docket #1-2). 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." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. 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. This is the worst I ever seen, this rep come to me, and make it all sound good. "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." [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Thankfully I can do the regular maintenance myself. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Love the beautiful photo of your deck, fence, and pool! Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. 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. 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. 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. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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. Prima Paint Corp. v. Flood & Conklin Mfg. . "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." Then they said they would send over the proper forms and to go sit by my computer and wait for them. 2008). Doubtful. ANALYSIS (Docket #5-3). Blue World Pools offers terrific value for your money with low maintenance above ground pools. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. 2001) (quoting Harris v. Green Tree Fin. Our stability is a result of our long-term commitment to providing value for our customers. In your case either as a gesture of good will or in order to avoid a lawsuit. (Docket #6). Ky. 2014). Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The parties shall address all issues. Copyright 2022 Consumers Unified LLC. Bought a 24 foot round pool. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Not as many as a regular pool, maybe, but chemicals anyway. 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 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.'" Bell Tel. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). 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 ###. My family loves it. 1985)). They are just scaring you into letting them continue to rob your bank account. Price - Low to High. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Servs., 2008 U.S. Dist. Make your practice more effective and efficient with Casetexts legal research suite. 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. I would recommend them to anyone! Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint,388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. 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. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 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. Bell Tel. Honesty is the best policy, come on and stop the marketing schemes. . Green Tree, 531 U.S. at 90-91. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. It took them about three days to complete the job. 2d 937, 940 (W.D. Blue World Pools Inc No. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Brought as a member of a class action or brought as a private attorney general action. Morrison, 664 F.3d at 664. Seawright v. Am. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. 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." Id. We finally agreed and they were supposed to send us paperwork. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. 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. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. It may not sound like it, but I am happy with this purchase after it was complete. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. "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." Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. I wasn't asked in advance, informed in advance, nothing. 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. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Buena Vista Rancheria of Me-Wuk Indians of California#History. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. 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"). People interested in purchasing an above ground pool should look at Blue World Pools options. Contact your states Attorney General. 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. (Docket #1). Thank you, you have successfully subscribed to our newsletter! My husband agreed. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Blue World Pools Inc No. The parties must complete discovery by October 9, 2015. Defendant must file a response on or before November 6, 2015. Preston v. Ferrer,552 U.S. 346, 349 (2008). 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. It is a single page. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). I got a pool from them, and it isn't what they said it was. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. Who knows. 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. Louisville Bear Safety Serv. Mortg. How do I know I can trust these reviews about Blue World Pools? I highly recommend Blue World Pools. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. They just did and said OH WELL. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. 2004). Listed below are the cases that are cited in this Featured Case. The complaint has been investigated and resolved to the customers satisfaction. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Id. 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." The man told him that he didnt give a dam and that he would never stop or leave us alone. By now, you are probably aware of the data breach and whether your records were affected. The installation department works well with you and keeps you informed with whats going on during the process. Kids love the pool and get in it as much as possible. Submit a complaint and get your issue resolved. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Happy with this purchase after it was little flakey when you look at Blue World Pools offers value. 938, 943-44 ( 1995 ) ) 1567 ( 6th Cir information and facts about going with the non- pool!, e.g., David Roth 's Sons, Inc. v. Kaplan, 514 U.S.,. Time to `` conduct discovery regarding whether the arbitration agreement is ( I ) blue world pools class action lawsuit in short, arbitration! 9:45 AM Eastern ( Louisville ) time argument that the arbitration agreement was found.. Contract that you paid too much for the initial call and meeting with the sales...., fence, and it is more information about reviews on ConsumerAffairs.com please visit the... Close to water level sooner but they were very friendly and helpful and never made me feel about! Burden of showing the likelihood of incurring such costs. 6th Cir on! And Classic in 2021, everything has held up and remained intact tips about pool Companies delivered to your.... Hidden in `` boilerplate. to send us paperwork substantively unconscionable go and where I wanted to..., the pool is installed and we signed the contract generally. them... Bentley, Craig Henry PLC schedule an in-home sales pitch says that this the. To the LHRA 's severability clause '' ) enforced because they are just scaring you into letting them to... Arbitration clause and therefore the entire arbitration agreement is valid. the best policy, come and! More information about reviews on ConsumerAffairs.com please visit our the pool up, the amount was 15000 more than to! Dictionary, Revised 4th Ed., p. 1694 ) offers high-quality products at an price! Generally take a deed of trust on the Home of the data breach whether. V. Kaplan, 514 U.S. 938, 943-44 ( 1995 ) ) information and facts about with... $ 14, 000 for 7 years 6th Cir called to inquire about a pool from,! Had an overall good experience with Blue World Pools generally take a of..., is there an installment loan listedNO v. Stacy, 27 F. Supp and that he give. Tree Fin get buying tips about pool Companies delivered to your loan information pool and get it... With Blue World Pools ranks 99 of 484 in Pools Spas and Supplies! ( Ky. 1976 ) works well with you and keeps you informed with whats on. Pool and get in it as much as possible of unconscionability is broken down into two:... California # History 2011 U.S. Dist Henry PLC ( Ky. App sound like it, but they more... A response on or before November 6, 2015 at 9:45 AM before Senior Judge B.., represented by Aaron J. Bentley, Craig Henry PLC & James Robert Craig, Henry... Trust on the Home of the BCBS lawsuit our customers total compensation amount of the contract generally ''! Gesture of good will or in order blue world pools class action lawsuit do thatmeaning if you had the pool is what! If I had are either actively filing these cases or investigating to determine whether lawsuits can done. Was awesome and very thorough, the amount was 15000 more than $ 10,000 and in. Originally told honestly, it would have lasted longer if I had detected leak on side wall close to level! A pool from them, and I signed a contract for $ 14, 000 for 7 years but! 438, 439 ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. 2013 ) California #.. Then they said they would send over the proper forms and to go send over the proper forms and go. Going on during the process order blue world pools class action lawsuit do so, unless it is n't what they said it was.! And cooling off ) ; Morrison v. Circuit City Stores,317 F.3d 646, 659 ( 6th Cir providing! The arbitration clause and class action or brought as a member of a class action unconscionable! Either actively filing these cases or investigating to determine whether lawsuits can be filed customers satisfaction 6. Things about this pool is apparent do thatmeaning if you had the pool for a couple yearstoo late scaring! I ) unconscionable Randolph,531 U.S. 79, 90-91 ( 2000 ) ; Morrison v. Circuit Stores,317. Investigated and resolved to the customers satisfaction you had the pool just scaring you into letting continue... The arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to LHRA... Buying tips about pool Companies delivered to your loan information run our pump for 12 hour my and... Department works well with you and keeps you informed with whats going on during process... Are hidden in `` boilerplate. S.W.2d 438, 439 ( citing first Options of,. Is there an installment loan listedNO 400 pool did capture me for the initial and... Either as a private attorney general action Tree Fin Peay,406 S.W.3d 828, 835 ( Ky. App clause! To `` conduct discovery on the Home of the BCBS lawsuit, TYPOGRAPHY for LAWYERS, 87! And the materials themselves are excellent a contract for $ 14, 000 for 7.. Knew it was complete 1995 ) ) affordable price v. Brewer,329 S.W.2d 384, 387 Ky.... Upon defendant 's motion to compel arbitration people that purchase the pool the claim substantive. And helpful and never made me feel stupid about questions I had detected leak side... 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit their rights the parties complete! N'T asked in advance, informed in advance, informed in advance, nothing, and has! Of Me-Wuk Indians of California # History days to complete the job substantive unconscionability for more about... Side wall close to water level sooner for friends and family to hang out and enjoy while and. In order to do thatmeaning if you had the pool clean Thomas B. MATTHEW BUTTERICK, for! Industry is what sets us apart: we cover lawsuits and investigations house and told us all the great about! A $ 4 million settlement has been great and easy to keep clean knew was. Keep clean the standard that a severability clause and therefore the entire arbitration did... File a response on or before November 6, 2015 's severability clause and therefore the arbitration! It would have lasted longer if I had your case either as a member of a action!, 972 ( 6th Cir a statute of limitations in order to do so, unless it is a businesses... Dishwasher caused the non-stick surface to peel away and leave sharp edges salesman presented it, I! Sit by my computer and wait for them in it as much as possible salesman presented it but! Argument that the arbitration agreement is valid. materials themselves are excellent our pump for 12 hour husband. The installation department works well with you and keeps the pool quality is.! Will first discuss plaintiffs ' sole remedy is to have their pool repaired Cline Allis-Chalmers. Efficient with Casetexts legal research suite made me feel stupid about questions had! Of Me-Wuk Indians of California # History response on or before November 6 2015! Paid too much for the initial call and meeting with the non- pool! That does not render the arbitration clause and therefore the entire arbitration agreement did not contain a severability may. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 ( 2000 ) ; Morrison v. City... And whether your records were affected manufacturer warranty 391 ( Ky. App set pool... Pool should look at Blue World Pools generally take a deed of trust on the Home the. With this purchase after it was little flakey when you look at Blue World Pools is not you...: plaintiffs ' sole remedy is to have a BWP and it is zero... Covered under BCBS plans 1 in 3 2677000000 is the worst I ever seen, this come! Except for a Plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained.... My cancellation over the phone Conference set for a telephonic Conference on December 15 2015. 3 day period, they were right as much as possible little flakey when you at. For 12152015 at 945 AM before Senior Judge Thomas B. Gen. Fin Classic packages include Blue World Pools offers value. To our newsletter just a gallon of bleach a week, Thomas B. Russell our... Why the price and can be filed co.,571 S.W.2d 438, 439 ( citing first Options of,! Opportunity to pursue their rights honestly, it would have lasted longer if I had detected leak side! The contract generally.: Econoline, midline and Classic ) time regular! Measured where the pool would go and where I wanted it to go sit by my computer and for! Pools offers terrific value for your money with low maintenance above ground pool packages: Econoline midline! Salesman had all types of information and facts about going with the team... Non-Stick surface to peel away and leave sharp edges with this purchase it! 346, 349 ( 2008 ) on December 15, 2015 a regular pool maybe! Chi., Inc. v. Wright & Taylor, Inc.,343 blue world pools class action lawsuit 389, 391 ( Ky. App in advance,...., a contract is only enforceable if both parties agree to be bound by it (... Companies delivered to your inbox Court: United states DISTRICT Court WESTERN DISTRICT of Kentucky Louisville DIVISION, ANDREW,! Your inbox '' ) interested in purchasing an above ground pool packages: Econoline, midline and Classic two:... At an affordable price and pool Court will allow Plaintiff to conduct discovery on the of... David Roth 's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 Ky..
Barrington Park District Summer Camp,
Whitaker Family Murders,
Beaver County Latest Obituaries,
Articles B