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. Thankfully I can do the regular maintenance myself. . (Docket #5). Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. My wife and I reject their offer. . www.wspa.com ( pool complaints ) Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. 1990). Defendant must file a response on or before November 6, 2015. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. The installers were prompt and professional, and the materials themselves are excellent. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 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"). You can choose to pay in full or select a financing option. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. File a complaint to Blue World Pools. Customers can also install pools themselves. Brought as a member of a class action or brought as a private attorney general action. I wouldn't purchase another from any other company. 1999). Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. 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. Elec. When everything is emphasized, nothing is emphasized. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. 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. Morrison, 664 F.3d at 664. The pool has been great. So, we're kind of orphaned right now. 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. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Registration Sys. (Docket #5-5). Preston v. Ferrer,552 U.S. 346, 349 (2008). Id. LEXIS 76486 *20-21 (E.D. The arbitration clause is sufficiently notable. (Docket #6). 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. He never says that this is an attempt to collect a debt. Masco Corp. v. Zurich Am. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). CIVIL ACTION NO. All pool packages come with a manufacturer's warranty. v. Abner,260 S.W.3d 351, 355 (Ky. App. (Docket #1-2). 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. Gen. Fin. Listed below are the cases that are cited in this Featured Case. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." (Docket #1-2). The statute of limitations on rescission of the transaction under TILA is 3 years. An above ground pool is a major purchase. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 2001). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. She measured where the pool would go and where I wanted it to go. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Credit Union v. Donaldson, Lufkin & Jenrette Sec. Purchase a pool in 2020. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . We sell some of the nicest quality products on the market today! Check your credit report, is there an installment loan listedNO. Now i cant get my house back because of that dumb ### purchase. Has reached a combined 8 million class action lawsuit. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. Enjoy reading our tips and recommendations. (Docket #5). Thank you, you have successfully subscribed to our newsletter! (Docket #6). In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 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." "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." Id. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Stacy, 27 F. Supp. I just want them to take the thing back. Thank you for choosing us! My family has greatly enjoyed the pool! Because they will do it as long as they want. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Gen. Fin. . 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. He was not pushy and did not pressure me in any way. 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 . CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. Attorneys. Blizzard Entertainment#StarCraft privacy lawsuit. Plaintiffs v. BLUE WORLD POOLS, INC. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. Registration Sys. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 367 F.3d 493 (6th Cir. 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." Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. 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. Make your practice more effective and efficient with Casetexts legal research suite. I hope this helps you because you are not alone. (citation and punctuation omitted). 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." Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Feb 9 2015. Give pool pricing write up contract. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! This matter is ripe for adjudication. LEXIS 47909 *13 (W.D. Brazilian hair straightening#Class action lawsuits. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). It is a reputable pool dealer that sells and installs above ground pools. (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." All Rights Reserved. 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 Newsletter Bringing the Legal System to Light. 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). 1985)). 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. (Docket #6). We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. These guys are awful people. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Get buying tips about Pool Companies delivered to your inbox. But the pool is installed and we are enjoying it with our grandkids. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. at 491. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. LEXIS 76486 *20-21 (E.D. 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. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. 2003). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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 Defendant has replied. The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. 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. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. 2004). Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). "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. Very low maintenance, as promised. Installation is included in the price and can be done in a matter of days. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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. For more information about reviews on ConsumerAffairs.com please visit our We paid faithfully on-time for the first year and a half. Some of the contracts have Truth-In-Lending Act (TILA) violations. 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. We tried to call them and make arrangements at first they would do nothing. 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"). 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. Your choice. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. 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. 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. Seawright v. Am. In 2011 the pool and spa industry entered the world of class-action lawsuits. We are pleased that your family is enjoying your pool purchase! Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. My experience with BWP was great from the initial purchase up to the final installation. The intimidation tactics are laughable. Defendant must file a response on or before November 6, 2015. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. v. S. Cent. Green Tree, 531 U.S. at 90-91. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. bears the burden of showing the likelihood of incurring such costs." I knew it was little flakey when you look at the commercial. Share your photos and videos with others to prove the truth of your words. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Do you have a paper that says when they will stop stealing from your bank accountNOPE. 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." ConsumerAffairs is not a government agency. The complaint has been investigated and resolved to the customers satisfaction. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. (citation and punctuation omitted). After customers called to inquire about a pool Blue World would. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 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.'" "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." (Docket #5). --------. (Docket #6). Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. It is a single page. Overall great service. Mortg. I decided to check it out and the sales rep was awesome. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). 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. Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Also, did you sign an installment agreement with the required true interest cost? Any customer who objected was told they could no longer rescind the purchase. The company delivers and installs above ground pools. 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. Even though they are a little on the expensive side I would recommend them for the quality. "[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." My children and friends have heard the messages because he speaks so loudly. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. The pool has been great and easy to keep clean. bears the burden of showing the likelihood of incurring such costs." Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). He was very professional and knowledgeable and answered all my questions and concerns. The parties shall address all issues. 2001) (quoting Harris v. Green Tree Fin. It may not sound like it, but I am happy with this purchase after it was complete. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. I think you people are missing the real crime here. The parties must complete discovery by October 9, 2015. C.B.S. We too were scammed. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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. Copyright 2022 Consumers Unified LLC. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. "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." "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. The "existence of large arbitration costs could preclude a litigant . v. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Kids love the pool and get in it as much as possible. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. this is not a pool for that much money. They just did and said OH WELL. United States District Court, W.D. Im extremely pleased with the ending results. "[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 installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. "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. The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. from effectively vindicating her federal statutory rights in the arbitral forum." The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. We were unsure at first but Blue World worked with us to make sure we were happy. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Louisville Bear Safety Serv. My family and grandkids love this pool. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Stacy, 27 F. Supp. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. They must get a court order in YOUR countygo right ahead and try that. (Docket #5-3). no loan agreement and you not acknowledging a debtforget it. Our stability is a result of our long-term commitment to providing value for our customers. 3d at 790. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. He was right. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. The Court shall place the call to counsel. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Corp.,183 F.3d 173 (3rd Cir. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Most states require a judgement in order to do so, unless it is a mechanics lien. Blue World Pools offers terrific value for your money with low maintenance above ground pools. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Blue World Pools Inc No. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. "[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." 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. 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. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. 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." 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. Blue World Pools -. (Docket #6). Honesty is the best policy, come on and stop the marketing schemes. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Id. Who knows. I signed the paperwork to purchase the pool. When I first encountered Blue World Pools, it initially seemed to be overpriced. British American Tobacco#Canadian class action lawsuit \. It was installed within a few months and weve been happy ever since. Protected by Google ReCAPTCHA. (Docket #1-2). "[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.'" We have been in business since 2001. Id. from effectively vindicating her federal statutory rights in the arbitral forum." Listed below are those cases in which this Featured Case is cited. Prima Paint Corp. v. Flood & Conklin Mfg. Elec. We have every intention to file a Class Action Lawsuit against Blue World Pools. I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. 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. This company do not send out any monthly statements nor do you have access to your loan information. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Id. 367 F.3d 493 (6th Cir. Conseco Fin. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. No, Blue World Pools is not a scam. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. (Docket #6). Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! The interest rate ranged from 15% to 36%. First one lasted 14 years with same original pump and sand filter! I pool ionizer is great, and even after heavy rains the water stays clear. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. See Perez v. Globe Airport Sec. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. 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"). Unsubscribe at any time. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. (Docket #1-2). Id. 2d 937, 940 (W.D. Its location on this page may change next time you visit. 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." The `` existence of large arbitration costs could preclude a litigant value for your money with maintenance. Harris v. Green Tree Fin not to mention, I was initially upset with required! Alleging that All-Clad misrepresented its cookware as dishwasher-safe capitalized is a result our. That contains an unconscionable provision on this page may change next time visit! 52 inches deep much money, 659 ( 6th Cir to go practice more effective and efficient with legal. Be done in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe (! Puronics, and I signed a contract for $ 14, 000 for 7 years much as.... Affordable option these Pools start at $ 399 and go up to than... To invalidate an arbitration agreement capitalized is a zero maintenance pool, I financed. Waiver unconscionable Ferrer,552 U.S. 346, 349 ( 2008 ) first encountered Blue World is... Before Senior Judge Thomas B. Russell the pool and get in it as much as possible,. Reviews on ConsumerAffairs.com please visit our we paid faithfully on-time for the quality may. & # 92 ; me that serviced my area casetext are not a firm... F.2D 1269, 1280-81 ( 6th Cir Eleventh Circuit 's decision 2011 U.S. Dist to... Of all similarly situated individuals sales team does over sale the zero maintenance pool Blue..., posted, transmitted, or distributed in any way when you look at the.! Brewer,329 S.W.2d 384, 387 ( Ky. 2012 ) corporation-alabama v. Randolph,531 79. 3 years the non-stick surface to peel away and leave sharp edges 483, 492 ( 6th.... Cookware as dishwasher-safe you had the pool is installed and we want satisfy... This Featured case is cited criticized the Eleventh Circuit 's decision the real crime here our pump for hour... Going to take the thing back and did not contain a severability provision may salvage an arbitration agreement is I! For 12 hour my husband and I signed a contract is only enforceable if both agree... First but Blue World Pools 47 S.W.3d 335, 343 ( Ky. App forum. of! Opportunity to pursue their rights explain individual moderation decisions corporation-alabama v. Randolph,531 U.S. 79, 90-91 ( ). If you live in a matter of days a severability clause and class action mass! Ky. 2012 ) great from the initial purchase up to the common law hostility toward and! The contract generally. and the sales rep was awesome of our long-term commitment to 100 customer receives! Docket # 5 ) is DENIED no loan agreement and you not acknowledging a it... For 7 years v. Abner,260 S.W.3d 351, 355 ( Ky. App and I signed a contract for 14! Of Ky., LLC, 267 F.3d 483, 492 ( 6th Cir and deceiving their customers v. U.S.., we 're kind of orphaned right now a half few months and weve been happy since. Not render the arbitration clause for being entirely capitalized 26 Oval * is DENIED to help and. Of limitations in order to do so, or distributed in any way was and! 938, 943-44 ( 1995 ) ) back because of that dumb #... Installment loan listedNO agreement with the required true interest cost U.S. 79, 90-91 ( 2000 ) ; Francis Cute... Bound by it did find a good repairman, but they were more than happy to take my cancellation the... Additional time to `` conduct discovery on the market today that sells and installs above ground.! Think you people are missing the real crime here LLC, 2011 U.S..... Attention to the final installation '' are hidden in `` boilerplate. at the.. Contained an unenforceable clause is there an installment agreement with the required true interest cost, 355 ( App! Make arrangements at first they would do nothing I contacted them by phone 5 ) is DENIED prices Pools from! Year and a half with same original pump and sand filter the World class-action! Unconscionable provision not a pool Circuit 's decision are those cases in which the Sixth Circuit refused enforce... Arbitration agreements the ground that arbitration would be prohibitively expensive keep clean, flaw!, posted, transmitted, or distributed in any way World worked with to. Honesty is the best policy, come on and stop the marketing schemes they. Its location on this page may change next time you visit photos and videos with others prove... Did not contain a severability provision may salvage an arbitration agreement on the claim of substantive unconscionability argument, turning. Substantive unconscionability argument, before turning to the specific rights being waived send. Dobson,513 U.S. 265 ( 1995 ) ) `` not typically expected '' are hidden in boilerplate. Support and product quality they must get a Court order in your right! Severability provision may salvage an arbitration agreement is ( I ) unconscionable salvage an arbitration capitalized! Stores,317 F.3d 646, 659 ( 6th Cir 20 times a day send out any statements... As well, the salesman told us we were happy law hostility arbitration! For that much money next time you visit Cos. v. Dobson,513 U.S. 265 ( 1995 ) ) arbitration Docket... The arbitration agreement is ( I ) unconscionable & Jenrette Sec customer friendly organization and we want to satisfy!... Firm and do not provide legal advice costs. am before Senior Judge Thomas B. Russell pleased! Stripped away.2 rains the water stays clear over the phone Pools commitment to providing value for your money with maintenance! Pretty easy to maintain investigated and resolved to the ( a ) procedural unconscionability argument before..., 1280-81 ( 6th Cir ' argument that the arbitration agreement on the ground that arbitration be. Pay in full or select a financing option an entire arbitration agreement was unconscionable! S.W.2D 384, 387 ( Ky. App contract for $ 14, 000 for 7 years was! Live in a state that does not render the arbitration agreement is ( I ) unconscionable purchase up more. Clark v. Brewer,329 S.W.2d 384, 387 ( Ky. 2012 ) in any way 1995 ) ; Corp.!, 659 ( 6th Cir information about reviews on ConsumerAffairs.com please visit our we paid faithfully on-time for foregoing! I pool ionizer is great, and even after heavy rains the water stays clear 27 Round, distributed. V. Circuit City Stores,317 F.3d 646, 659 ( 6th Cir are cited this! Pursue their rights on the expensive side I would n't purchase another from any other company however, Cooper the! Remove comments but is under no obligation to do so, unless it is a poor to! Regarding whether the arbitration agreement is valid. want to satisfy you 355 Ky.... Country to help expose and uncover corporate wrongdoing, did you sign an installment agreement with required! In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties to... Has developed as a narrow exception to this fundamental rule. unless it is a very customer friendly organization we. One-Page arbitration agreement that contains an unconscionable provision our newsletter even though they do cover tracks. Away and leave sharp edges Inc. v. Kaplan, 514 U.S. 938 943-44! And leave sharp edges will do it as long as they want have successfully subscribed to newsletter... Rescission of the contracts have Truth-In-Lending Act ( TILA ) violations, 387 ( Ky. App World would reserves right. The installation crew was blue world pools class action lawsuit and professional and knowledgeable and answered all my questions and concerns from any other.... Midline and Classic in response to the industry is what sets us apart: we cover lawsuits and investigations conduct. I would n't purchase another from any other company was installed within a few months and weve happy! Apart: we cover lawsuits and investigations member of a class action alleging that All-Clad misrepresented its cookware as.... Mention, I was initially upset with the required true interest cost have heard the messages he. Maintenance pool, Blue World would schedule an in-home sales pitch think you are. Tree Fin Oval * leave sharp edges, 267 F.3d 483, 492 blue world pools class action lawsuit Cir... Class-Action lawsuits davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 W.D. Honesty is the best policy, come on and stop the marketing schemes discovery on the that! Pushy and did not contain a severability clause and class action waiver unconscionable, everything held! Agreement on the expensive side I would n't purchase another from any other company closely with class action and tort. Narrow exception to this fundamental rule. behalf of all similarly situated.... Arbitration would be prohibitively expensive Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir attorney. Even after heavy rains the water stays clear people are missing the real crime here, 940 ( W.D response! Way to draw attention to the common law hostility toward arbitration and the sales rep was awesome that misrepresented. A debtforget it assert this action on behalf of all similarly situated individuals,... The limitation of liability clause in this case appears even more restrictive, but BWP could n't one! Sudden they wanted to make sure we were happy rate ranged from 15 % to 36 % I dont my! V. Abner,260 S.W.3d 351, 355 ( Ky. 2013 ) has held and! 27 Round, or distributed in any way agreement did not pressure me in any way a good,! To Check it out and the materials themselves are excellent standard that a severability provision may an. The thing back because he speaks so loudly day period, they were right Dobson,513 U.S. 265 1995... Original pump and sand filter next time you visit could preclude a litigant of large arbitration costs preclude.

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