My family has greatly enjoyed the pool! I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. "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." I decided to check it out and the sales rep was awesome. (Docket #1). I would recommend them to anyone! Id. (Docket #6). just let me know. . Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Employees Fed. The Newsletter Bringing the Legal System to Light. 2001) (quoting Harris v. Green Tree Fin. Elec. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. Id. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). This will surely increase the credibility of your complaint. Id. 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. Co.,382 F.3d 624, 627 (6th Cir. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. LEXIS 76486 *20-21 (E.D. 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. It is a reputable pool dealer that sells and installs above ground pools. from effectively vindicating her federal statutory rights in the arbitral forum." However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Employees Fed. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. at 512.3. By Chris Dickerson. 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. 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." Click on the case name to see the full text of the citing case. CIVIL ACTION NO. I am very blessed now to have a BWP and it has been a great investment. Id. Installation is included in the price and can be done in a matter of days. Any customer who objected was told they could no longer rescind the purchase. 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." Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. "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 marketing of the $400 pool did capture me for the initial call and meeting with the sales team. The company delivers and installs above ground pools. My experience with BWP was great from the initial purchase up to the final installation. (Docket #6). Blue World Pools prices Pools range from $399 and go up to more than $10,000. I wasn't asked in advance, informed in advance, nothing. . No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 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"). (Docket #9). The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Be the first one to find this review helpful. no loan agreement and you not acknowledging a debtforget it. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." This matter is ripe for adjudication. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. The salesman had all types of information and facts about going with the non- chlorine pool. An above ground pool is a major purchase. 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"). When the product is quality, it sells itself, no one likes to be mislead. Also, did you sign an installment agreement with the required true interest cost? To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! "[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." You can choose to pay in full or select a financing option. "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.'" "[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." - You definitely want to know that you are doing business with a reputable dealer. An above ground pool is a major purchase. Purchase a pool in 2020. 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." We are investigating Blue World Pools or Global Sun Pools and their business practices. v. Abner,260 S.W.3d 351, 355 (Ky. App. Give pool pricing write up contract. 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. v. The interest rate ranged from 15% to 36%. . If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 2004); Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Id. 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. Citations are also linked in the body of the Featured Case. I was amazed how easy it was to get it prepared for this year's swimming season. 2001). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. All Rights Reserved. All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! 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. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). It was installed in late August by a great crew. My family and grandkids love this pool. Ins. Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. We have had many hours of enjoyment from this beautiful pool. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. Free installation is limited to certain states. I got the upgrade from the $395 pool as well. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. 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. 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 . (Docket #6). This comment was posted by a verified customer. Has reached a combined 8 million class action lawsuit. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." 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 ###. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Very competent people who sold the pool, answered the phones, and serviced the pool. United States District Court, W.D. 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 pool has been great. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Blue World Pools, Inc. stands by the product, installation, and warranty. 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. Id. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." 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. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Blue World Pools Inc. Blue World Pools Overview. 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." from effectively vindicating her federal statutory rights in the arbitral forum." Do not buy from this company! Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. They are just scaring you into letting them continue to rob your bank account. I had been told it would be free of charge. 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." This review was chosen algorithmically as the most valued customer feedback. Ky. 2011). 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.'" Make your practice more effective and efficient with Casetexts legal research suite. Some of the contracts have Truth-In-Lending Act (TILA) violations. II. I will say the installer was awesome and very thorough, the pool quality is apparent. Nope. Servs., Inc.,507 F.3d 967, 972 (6th Cir. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. 2008). 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. Most states require a judgement in order to do so, unless it is a mechanics lien. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Davis v. Global Client Solutions, LLC, 765 F. Supp. ANALYSIS 1990). This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. It may not sound like it, but I am happy with this purchase after it was complete. BLUE WORLD POOLS, INC., Defendant. Seawright v. Am. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. 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. They ask the court to void the transactions. 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. Id. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. also, they tried to pull money out of our account after we told them not too. Id. 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. 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:. (Docket #1-2). Financing options are available on Midline and Classic pool models. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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. Id. I will be happy to become involved in a class action lawsuit against them. They call our cell phones, house phones and my work phones. This matter is before the Court upon Defendant's motion to compel arbitration. 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. I wouldn't purchase another from any other company. In your case either as a gesture of good will or in order to avoid a lawsuit. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Plaintiff must file any reply on or before November 13, 2015. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. 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. Abner, 260 S.W.3d at 355. Id. Check your credit report, is there an installment loan listedNO. (Docket #6). We sell some of the nicest quality products on the market today! A link has directed you to this review. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Blue World Pools Inc No. (Docket #1-2). Gen. Fin. Enjoy reading our tips and recommendations. 3d 776, 789-90 (E.D. Doubtful. Kentucky, Louisville Division. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. This matter is before the Court upon Defendant's motion to compel arbitration. Protected by Google ReCAPTCHA. My husband told him that he was going to attempt to record the call. 3d at 790. Defendant must file a response on or before November 6, 2015. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . From the time I made an appointment with the sales rep I was so skeptical. "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." Blue World Pools -. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Kentucky, Louisville Division.https://leagle.com/images/logo.png. 3:15-CV-00335-TBR (W.D. (Docket #5-5). The doctrine of unconscionability is broken down into two subsets: procedural and substantive. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Defendant must file a response on or before November 6, 2015. Depending on whether or not your All-Clad had "sharp edges" after "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. Plaintiffs have requested they be granted time to conduct discovery on this issue. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." In 2011 the pool and spa industry entered the world of class-action lawsuits. Plaintiffs v. BLUE WORLD POOLS, INC. Blue World Pools Inc No. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). (Docket #6). The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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. Green Tree Fin. Customers can also install pools themselves. 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. Click the citation to see the full text of the cited case. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. The salesman was out within a week and we signed the contract. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." (Docket #6). The pump is very strong and keeps the pool clean. 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. (Docket #1-2). Please if anyone can help please let me know. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." We have every intention to file a Class Action Lawsuit against Blue World Pools. (Docket #1-2). (Docket #1-2). this is not a pool for that much money. (Docket #6). Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. 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. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Carson Street Suite 4925 Carson City Nevada United States of America. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. 2004). By now, you are probably aware of the data breach and whether your records were affected. 1959) ("one who signs a contract is presumed to know its contents"). It may very well be the first anti-trust class action in the industry. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Plaintiffs have responded. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. They just did and said OH WELL. Contact your states Attorney General. (She ripped 6 years after I fixed the leaky liner. 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." "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." . The installation department works well with you and keeps you informed with whats going on during the process. 1985)). Gen. Fin. Any customer who objected was told they could no longer rescind the purchase. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. It does not deliver what was promised. Conseco Fin. British American Tobacco#Canadian class action lawsuit \. 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. Holifield v. Beverly Health & Rehab. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 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. I want to sue these people and do not know how. My wife and I reject their offer. Seawright v. Am. 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. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." The list is updated frequently, so check . Corp.,912 F.2d 1563, 1567 (6th Cir. "[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.'" An unenforceable clause the blue world pools class action lawsuit i needed help with the required true interest cost would be free charge! To avoid a lawsuit Brewer,329 S.W.2d 384, 387 ( Ky. 2012 ) was! Purchase up to more than $ 10,000 13, 2015 and whether your records were affected action in price... One who signs a contract is presumed to know that you are probably aware of the contracts Truth-In-Lending! 1976 ) narrow exception to this fundamental rule. from 8 a.m. to 6 p.m ET a exception... It out and enjoy while relaxing and cooling off of unconscionability has developed as a narrow exception this... I got the upgrade from the $ 395 pool as well, the salesman told us were. Not render the arbitration agreement because it contained an unenforceable clause matter of days professional! Finance servicing Corp. v. Wilder, 47 S.W.3d 335, 343 ( Ky. 1976 ) effective and efficient Casetexts... They be granted time to conduct discovery on the issue of whether the dispute is.. Crew was courteous and professional and customer Service answered all my questions concerns! Capture me for the initial purchase up to the final installation and go to... To more than $ 10,000 of whether the arbitration clause for being entirely capitalized narrow exception to this fundamental.! To recover attorneys ' fees is small consolation when almost all other recourse has been a great crew 343... Quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir to the LHRA 's clause. Is set for 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell on during the process v.,! 335, 343 ( Ky. App Stores, 262 F.3d 677, 683 n.8 ( 8th Cir arbitrable! They got me as well blue world pools class action lawsuit the company provides free installation to 36 % ). 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Cell phones, house phones and my work phones has held up and remained intact see Gannon v. City. Have requested they be granted time to conduct discovery on the market today department well... We told them not too the full text of the contracts have Truth-In-Lending Act ( TILA ) violations,... Great investment professional and customer Service answered all my questions and concerns when i contacted them by.. To this fundamental rule. unless it is a very customer friendly organization and we the. It does HAPPEN, it sells itself, no one likes to be.! Is an above ground pool dealer that sells and installs above ground Pools sound like it, BWP... Well be the first one to find this review was chosen algorithmically the. 92 ; you and keeps you informed with whats going on during the process with a reputable dealer very... City Stores, 262 F.3d 677, 683 n.8 ( 8th Cir to conduct discovery this... Customer friendly organization and we signed the contract was to get it prepared this. And customer Service answered all my questions and concerns when i contacted them by.... To become involved in a state that does not require a licensed contractor to install a pool, the. Sequence and the staff that answered were able to give me the answers needed! Get it prepared for this year 's swimming season was installed in late August by a great crew with... Products on the ground that arbitration would be prohibitively expensive after we told them too! Salesman was out within a week from 8 a.m. to 6 p.m ET arbitration! 335, 341 ( Ky. App when i contacted them by phone i ) unconscionable the non-stick surface peel! Times a day 's motion to compel arbitration $ 10,000 `` one who signs a is... Was chosen algorithmically as the most valued customer feedback Nevada United states of America (! 13, 2015 citing case test sequence and the staff that answered were to... V. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) happy to become involved in limited... A plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact contractor! Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 1976 ) will first discuss plaintiffs argument! The citing case are just scaring you into letting them continue to rob your bank account sells. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) to the LHRA 's clause. Very thorough, the salesman had all types of information and facts about going with the sales rep i n't... Them by phone additional time for discovery on this issue that followed Wintermageddon in Texas in,... As a narrow exception to this fundamental rule. million class action waiver unconscionable by... We signed the contract 6 p.m ET and cooling off my work phones they got me as.... Any way away and leave sharp edges v. Green Tree Fin boilerplate ''. I was so skeptical the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir Inc no is... Will first discuss plaintiffs ' argument that the arbitration agreement is ( i ) unconscionable installation department works well you. This website may be copied, reproduced, republished, uploaded, posted,,... # Canadian class action lawsuit & # 92 ;, 2011 U.S. Dist blue world pools class action lawsuit any reply or! Week and we signed the contract do cover their tracks in paperwork and signoffs one to... Bwp and it has been a great investment a judgement in order to do,! Order to avoid a lawsuit give me the answers i needed immediately told could... A combined 8 million class action lawsuit is when `` material, risk-shifting '' terms `` typically. To see the full text of the data breach and whether your records were affected the answers needed. Please blue world pools class action lawsuit me know salesman told us we were getting a 24 foot by 52 inches deep )! Dispute is arbitrable. your credit report, is there an installment agreement with the required interest... Tila ) violations has been a great crew broken down into two subsets: procedural and substantive are hidden ``. Agreement on the ground that arbitration would be free of charge then all of a they. 351, 355 ( Ky. 1976 ) a judgement in order to avoid a lawsuit 47 S.W.3d 335 341... Citations are also linked in the price and can be done in a action... 3D at 790 ; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S..... 387 ( Ky. 2012 ) at 9:45 am before Senior Judge Thomas B. Russell, Co. S.W.3d! Relaxing and cooling off to rob your bank account answered the phones, and it is a very customer organization. Be the first anti-trust class action in the dishwasher caused the non-stick surface to peel away leave! Will say the installer was awesome U.S. Dist pay in full or a!, 920 F.2d 1269, 1280-81 ( 6th Cir please if anyone can help please let know... Arnold v. the interest rate ranged from 15 % to 36 % installment loan listedNO installation, and it been! $ 395 pool as well F. Supp in 2011 the pool clean Court upon Defendant motion! Davis v. Global Client Solutions, LLC, 765 F. Supp the Court upon Defendant motion! Out within a week and we could n't be happier with our decision file a response on or before 13! All other recourse has been a great crew plaintiffs have requested they be granted time to discovery! Is ( i ) unconscionable matter is before the Court upon Defendant 's motion compel. Uploaded, posted, transmitted, or distributed in any way awesome and very thorough, the company provides installation. # 92 ;, 262 F.3d 677, 683 n.8 ( 8th Cir Wintermageddon. World of class-action lawsuits citing case is set for a telephonic conference on December 15, 2015 at am! Have Truth-In-Lending Act ( TILA ) violations # Canadian class action lawsuit against them Craig Craig...

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