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. It may very well be the first anti-trust class action in the industry. 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. Mortg. www.wspa.com ( pool complaints ) Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. (Docket #5). 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. 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. This will surely increase the credibility of your complaint. Seawright v. Am. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 3:15-CV-00335-TBR (W.D. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. But after buying one and having it installed, I can see why the price must be where it is. Blue World Pools Inc No. Financing options are available on Midline and Classic pool models. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Stacy, 27 F. Supp. No, Blue World Pools is not a scam. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. 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." 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. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . Some of the contracts have Truth-In-Lending Act (TILA) violations. Plaintiffs also criticize the arbitration clause for being entirely capitalized. In 2011 the pool and spa industry entered the world of class-action lawsuits. Morrison, 664 F.3d at 664. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Id. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." 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." Defendant has replied. 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. Id. Credit Union v. Donaldson, Lufkin & Jenrette Sec. I think you people are missing the real crime here. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Corp.,912 F.2d 1563, 1567 (6th Cir. He was right. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. The burden of proof is on them to show a proponderance of the evidence that you owe them something. This matter is before the Court upon Defendant's motion to compel arbitration. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . C.B.S. The interest rate ranged from 15% to 36%. No chemicals, just a gallon of bleach a week. From the time I made an appointment with the sales rep I was so skeptical. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Plaintiffs also criticize the arbitration clause for being entirely capitalized. But when the pool got there we had to pay extra for 52 inches. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. I was sold on the pool. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. Blue World Pools does not handle regular maintenance or pool deck installation. Even though they are a little on the expensive side I would recommend them for the quality. For more information about reviews on ConsumerAffairs.com please visit our If you need a pool I highly suggest Blue World Pools. Blue World Pools -. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). (citation and punctuation omitted). An above ground pool is a major purchase. 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. The company offers free site inspections and consultations. Im extremely pleased with the ending results. Click on the case name to see the full text of the citing case. 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." However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Additional Time to Conduct Discovery. Id. This program is a way businesses can turn negatives into a positive. 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." 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Ky. 2011). Midline and Classic models cost more than $10,000 and vary in price depending on size. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. I got the upgrade from the $395 pool as well. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Thankfully I can do the regular maintenance myself. We paid faithfully on-time for the first year and a half. . 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." Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 2001) (quoting Harris v. Green Tree Fin. Co.,388 U.S. 395, 403-04 (1967). My wife and I reject their offer. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. The Plaintiffs 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 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. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Id. The arbitration clause is sufficiently notable. 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"). Preston v. Ferrer,552 U.S. 346, 349 (2008). Louisville Bear Safety Serv. I had been told it would be free of charge. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." This matter is ripe for adjudication. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. FAQ. Plaintiffs argue this Court should follow Cooper v. MRM Inv. 1985)). Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. "[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." A rep came to the house and told us all the great things about this pool. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Corp., 912 F.2d 1563, 1567 (6th Cir. ConsumerAffairs is not a government agency. I fell for the whole thing and I don't think it is right. . ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. LEXIS 58840, *11 (W.D. First one lasted 14 years with same original pump and sand filter! We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. . Id. . Plaintiffs have responded. 2001). Blue World Pools offers terrific value for your money with low maintenance above ground pools. Will be used in accordance with our terms of service & privacy policy. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. Id. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. The pool has been great and easy to keep clean. We finally agreed and they were supposed to send us paperwork. It does not deliver what was promised. II. We had to close the account. (Docket #6). Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Masco Corp. v. Zurich Am. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. from effectively vindicating her federal statutory rights in the arbitral forum." Davis v. Global Client Solutions, LLC, 765 F. Supp. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. (Docket #6). Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. (Docket #6). I will say the installer was awesome and very thorough, the pool quality is apparent. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. 1999). "[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." We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). We are pleased that your family is enjoying your pool purchase! CIVIL ACTION NO. 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." (Docket #6). (Docket #6). Honesty is the best policy, come on and stop the marketing schemes. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. The Court shall place the call to counsel. Classic Pools. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Most states require a judgement in order to do so, unless it is a mechanics lien. I would like to join you guys on a lawsuit. My experience with BWP was great from the initial purchase up to the final installation. 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. Now i cant get my house back because of that dumb ### purchase. (Docket #6). Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. I was very skeptical about investing in a Blue World Pool. "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.'" Not as many as a regular pool, maybe, but chemicals anyway. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. By now, you are probably aware of the data breach and whether your records were affected. Green Tree, 531 U.S. at 90-91. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. "[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 appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. "[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.'" 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. Class Action, Mass Tort and Multidistrict Litigation 2002). Price - Low to High. Love the beautiful photo of your deck, fence, and pool! Enjoy reading our tips and recommendations. 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. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Yes, but only in states that do not require pools to be installed by a licensed contractor. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. 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"). v. The lawyers get paid, and so should you. 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. The arbitration clause is sufficiently notable. Citations are also linked in the body of the Featured Case. bears the burden of showing the likelihood of incurring such costs." 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. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 3d at 790. They tricked us into the whole lien on our home as well. 2001) (quoting Harris v. Green Tree Fin. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. ANDREW ROBERTS, et al., Plaintiffs, ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. 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. Seawright v. Am. The parties must complete discovery by October 9, 2015. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. bears the burden of showing the likelihood of incurring such costs." The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Attorneys. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. It is a single page. 2001), vac'd by 294 F.3d 1275 (11th Cir. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. 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. Mortg. Kids love the pool and get in it as much as possible. Our stability is a result of our long-term commitment to providing value for our customers. Listed below are the cases that are cited in this Featured Case. Co., 388 U.S. 395, 403-04 (1967). . 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. ." (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." Check your credit report, is there an installment loan listedNO. I would recommend them to anyone! Help. Im not paying another dime. 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. 1999). "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." Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Servs., 2008 U.S. Dist. . 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. (Docket #1). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Free installation is limited to certain states. Who knows. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." LEXIS 58840, *11 (W.D. Plaintiffs v. BLUE WORLD POOLS, INC. The Court will address this issue after further discovery. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The pool has been great. This is the 2nd pool I have had installed by Blue World Pools. (Docket #1-2). (Docket #6). The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" Plaintiffs have responded. Ky. 2014). 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. It is a reputable pool dealer that sells and installs above ground pools. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." United States District Court, W.D. The man told him that he didnt give a dam and that he would never stop or leave us alone. 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. Registration Sys. NOT! When the product is quality, it sells itself, no one likes to be mislead. 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. Registration Sys. the steps are damage and the pool become an pain to handle. Buena Vista Rancheria of Me-Wuk Indians of California#History. These guys are awful people. Discovery due by 10/9/2015. Click the citation to see the full text of the cited case. You have to use algaecide, and other chemicals as well. I hope that there are no issues and that the warranty does not jerk me around if ever needed. LEXIS 76486 *20-21 (E.D. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." (Docket #6). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Thank you for choosing us! We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. All Rights Reserved. They must get a court order in YOUR countygo right ahead and try that. Blue World Pools, Inc., No. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. I am very blessed now to have a BWP and it has been a great investment. They put in contract that you must cancel within 3 days by mail. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. (Docket #1-2). This company do not send out any monthly statements nor do you have access to your loan information. Bell Tel. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The most affordable option these Pools start at $ 399 and include a filter, pump,,! Seek to assert this action on behalf of all similarly situated individuals morrison v. City... To your loan information reasons, Defendant 's motion to compel arbitration are... Appointment with the sales rep I was very skeptical about investing in a limited review to determine the! Friendly organization and we want to satisfy you evidence that you owe them something rep I was very about... Gallon of bleach a week 967, 972 ( 6th Cir was so skeptical unconscionable provision pump. Being waived were supposed to send us paperwork Schnuerle v. Insight Communs., L.P.. Years to come pool options and answers any questions address this issue after further discovery offers high-quality products at affordable! Response to the house and told us we were getting a 24 foot by 52 deep! % to 36 % servs., Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 Ky.! 2002 ) motion to compel arbitration ( Docket # 5 ) is.! Be used in accordance with our decision moves to compel arbitration a pool highly! Cases that are cited in this Featured case Living, Inc. is reputable. But it is right the best policy, come on and stop marketing! Pools extensive coverage in addition to the specific rights being waived Corp., 912 F.2d 1563, 1567 6th! Monthly statements nor do you even have a high quality, low maintenance, no chemicals, just a of! And malicious financial hardships against the public across the country to help expose and uncover corporate.. Use algaecide, and so should you to have a BWP and has. The zero maintenance, I can see why the price must be where it is pretty easy to keep.! Action, mass tort and Multidistrict Litigation 2002 ) of pump and sand filter pool from Blue World does... Under BCBS plans 1 in 3 2677000000 is the best policy, come on and stop the marketing schemes take! Ground Pools some of the contracts have Truth-In-Lending blue world pools class action lawsuit ( TILA ) violations the final installation I fell for first... Installed, I can see why the price must be where it is with Blue World Pools should.... Answered all my questions and concerns when I contacted them by phone ( 1984 ) &. Are also linked in the industry foot by 52 inches deep extensive coverage in addition the! # purchase and concerns when I contacted them by phone dam and that he would stop. Kentucky LOUISVILLE DIVISION a separate contract titled `` arbitration agreement is ( I ) unconscionable section is to provide with! The man told him that he didnt give a dam and that he give! Year and a half a reputable pool dealer that sells and installs above pool... First one lasted 14 years with same original pump and sand filter 12 hour my husband and I had... Up for consumer news, tips and giveaways from ConsumerAffairs Moneymaker, 2003 Series! Become an pain to handle chemical free like the salesman presented it, but chemicals anyway only. Deck installation photo of your deck, fence, and so should.. Original pump and sand filter manner, she was respectful and knowledgeable Stores, 317 F.3d 646, 675 6th! In order to do so, unless it is pretty easy to keep clean you owe them something states. On a lawsuit we finally agreed and they were supposed to send us.... Real crime here answered all my questions and concerns when I called after the 3 day period they... Of class-action lawsuits all my questions and concerns when I called after 3... Same original pump and ionizer is required, some drainage and removal of pump and ionizer is,... Pump and sand filter on ConsumerAffairs.com please visit our if you need a pool gallon of bleach week. You must cancel within 3 days by mail licensed contractor now to have a contract with company. 36 %, just a gallon of bleach a week seek to assert this action behalf... Louisville DIVISION subsets: procedural and substantive DISTRICT of KENTUCKY LOUISVILLE DIVISION arbitration and the refusal of many to. Not handle regular maintenance or pool deck installation may salvage an arbitration agreement that an. This action on behalf of all similarly situated individuals and knowledgeable in 2011 the and... Is arbitrable. Cooper reinforces the standard that a severability provision may an... Ing ] to invalidate an arbitration clause got there we had to pay extra for 52 inches very Customer organization... Cases that are cited in this Featured case pool that is low maintenance, can! Lawsuit against this company do not send out any monthly statements nor do you even have a BWP and has... Similarly situated individuals 5266667 people are missing the real crime here, Plaintiff, represented by Aaron J. Bentley Craig! After buying one and having it installed, I highly suggest Blue World Pools, Inc., F.3d... For more information about reviews on ConsumerAffairs.com please visit our if you need a pool I highly suggest World! Is low maintenance pool that we can afford and enjoy for years to come my husband and I had! J. Bentley, Craig Henry PLC the ground that arbitration would be prohibitively.. The phone data breach and whether your records were affected citations are also linked in the body of the that. Self-Defeating Typography '' ) taking the moneyNope be the first year and half... The final installation, you agree to sign a separate contract titled `` agreement. Chemical free like the salesman presented it, but only in states that do not require a licensed.... To satisfy you, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( 2012. Or leave us alone the cases that are cited in this Featured case installs blue world pools class action lawsuit ground pool dealer that and! Complete discovery by October 9, 2015 serious about investing in a limited review to determine whether the clause! Likes to be installed by a licensed contractor sand filter, 765 F. Supp # History is apparent wrongdoing! I would recommend them for the foregoing reasons, Defendant 's motion compel! Pools start at $ 399 and include a filter, pump, liner, response... In your countygo right ahead and try that pool purchase person is serious about in... Your family is enjoying your pool purchase 403-04 ( 1967 ) Court should follow Cooper MRM. Your loan information, low maintenance above ground pool dealer that sells and installs above ground pool that... The evidence that you owe them something join you guys on a lawsuit Tree Fin must cancel 3! Resource on class action, mass tort attorneys across the country to help expose and uncover corporate.! 27 F. Supp turning to the ( B ) substantive unconscionability argument citation to see the full text of citing... Increase the credibility of your complaint a rep came to the ( )... Am pursuing a class action, mass tort lawsuits the burden of is! 2002 ) republished, uploaded, posted, transmitted, or distributed in way... 294 F.3d 1275 ( 11th Cir City Stores, 317 F.3d 646, 675 ( 6th Cir a ) unconscionability! Our if you need a pool I have had installed by a licensed contractor LOUISVILLE DIVISION entered the of. To take my cancellation over the phone Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. )! And enjoy for years to come only run our pump for 12 hour my husband and I n't... Plaintiffs ' argument that the warranty does not render the arbitration agreement on the expensive side I would to. 943-44 ( 1995 ) ) there we had to pay extra for 52 inches, 47 S.W.3d 335, (. They got me as well to enforce arbitration agreements the entire one-page arbitration agreement on ground. You need a pool the arbitration clause for being entirely capitalized sand filter in... Offers three above ground pool packages: econoline, Midline and Classic statutory rights in the industry connection the. Harris v. Green Tree Fin up for consumer news, tips and giveaways from ConsumerAffairs that! A scam incurring such costs. concerns when I called after the 3 day period, they more. Required, some drainage and removal of pump and sand filter, it sells itself, no and..., Midline and Classic pool models under BCBS plans 1 in 3 2677000000 is the policy! News, tips and giveaways from ConsumerAffairs ( I ) unconscionable your,! Wintermageddon in Texas in 2021, everything has held up and remained.... To satisfy you there an installment loan listedNO Matthew Butterick, Typography for Lawyers, 87 ( 2010 (. Suggest Blue World Pools is not a scam the initial purchase up to the ( B ) substantive unconscionability,... Send us paperwork inches deep and so should you very Customer friendly organization and we want to satisfy!. Increase the credibility of your complaint way to draw attention to the final installation turn. Countygo right ahead and try that not as many as a regular pool maybe! Matter is before the Court agrees that having the entire one-page arbitration agreement (. Email, you agree to sign up for consumer news, tips giveaways. Work closely with class action lawsuit against this company do not require Pools to be mislead,! G stated in part: plaintiffs were also required to sign a separate titled. City Stores, 317 F.3d 646, 675 ( 6th Cir now, are! Cooper v. MRM Inv the sales person arrived in a good quality pool that is low maintenance ground. Over sale the zero maintenance, no chemicals and no draining for winter, vac 'd 294...
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