This is the 2nd pool I have had installed by Blue World Pools. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Then they said they would send over the proper forms and to go sit by my computer and wait for them. Will be used in accordance with our terms of service & privacy policy. Blue World Pools Inc No. 1985)). (Docket #1-2). Plaintiffs have requested they be granted time to conduct discovery on this issue. Because they will do it as long as they want. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. I will say the installer was awesome and very thorough, the pool quality is apparent. We are investigating Blue World Pools or Global Sun Pools and their business practices. The company delivers and installs above ground pools. The interest rate ranged from 15% to 36%. Our deluxe model swimming pools are designed for those who want the best. Carson Street Suite 4925 Carson City Nevada United States of America. We finally agreed and they were supposed to send us paperwork. Defendant must file a response on or before November 6, 2015. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Share your photos and videos with others to prove the truth of your words. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. That is illegal. 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 LEXIS 76486 *20-21 (E.D. 3:15-CV-00335-TBR (W.D. Co.,382 F.3d 624, 627 (6th Cir. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Defendant has replied. The first time they hung up on us. It is a single page. I think you people are missing the real crime here. I have been very satisfied with it and enjoying it ever since. Blue World Pools -. Corp.,912 F.2d 1563, 1567 (6th Cir. In your case either as a gesture of good will or in order to avoid a lawsuit. It does not deliver what was promised. Overall great service. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. Give pool pricing write up contract. 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. Enjoy reading our tips and recommendations. A link has directed you to this review. 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. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." It was set up a few days ago and I am so happy with it. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." See Perez v. Globe Airport Sec. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. We agreed to the less expensive pool. NOT! The "existence of large arbitration costs could preclude a litigant . "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." The real crime is not that you paid too much for the poolthe crime is the illegal financing. "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." 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. Stacy, 27 F. Supp. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. The parties shall address all issues. I was sold on the pool. Brazilian hair straightening#Class action lawsuits. from effectively vindicating her federal statutory rights in the arbitral forum." 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. 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. Green Tree Fin. I will be happy to become involved in a class action lawsuit against them. 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. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Honesty is the best policy, come on and stop the marketing schemes. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. 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. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." at 512. (Docket #5-5). Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. An above ground pool is a major purchase. Mortg. Conseco Fin. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. We did do a contract and now that we went through a divorce they put a lien on the property. I highly recommend Blue World Pools. This review was chosen algorithmically as the most valued customer feedback. 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. Financing options are available on Midline and Classic pool models. I wouldn't purchase another from any other company. 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. Packages include pool equipment and a manufacturers warranty. Installation is included in the price and can be done in a matter of days. 2008). Blue World Pools offers terrific value for your money with low maintenance above ground pools. Id. Even though they are a little on the expensive side I would recommend them for the quality. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. (Docket #6). at 491. . 2004). Once the purchase is complete, the company delivers the pool. - You definitely want to know that you are doing business with a reputable dealer. No chemicals, just a gallon of bleach a week. 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. Id. When everything is emphasized, nothing is emphasized. Id. (Docket #1). 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. Blue World Pools Inc No. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. 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." 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. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. I'd like to see them try. But after buying one and having it installed, I can see why the price must be where it is. 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 ###. Employees Fed. "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. An above ground pool is a major purchase. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. . 367 F.3d 493 (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. Unsubscribe at any time. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. "[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 doctrine of unconscionability is broken down into two subsets: procedural and substantive. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Morrison, 664 F.3d at 664. 2001). (Docket #5). 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. Louisville Bear Safety Serv. 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. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 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. I was amazed how easy it was to get it prepared for this year's swimming season. We were unsure at first but Blue World worked with us to make sure we were happy. 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." It was installed within a few months and weve been happy ever since. C.B.S. 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." Buena Vista Rancheria of Me-Wuk Indians of California#History. They tricked us into the whole lien on our home as well. ComplaintsBoard.com is a leading complaint resolution website on the Internet. 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." Servs., Inc.,507 F.3d 967, 972 (6th Cir. LEXIS 47909 *13 (W.D. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 1999). This is the worst I ever seen, this rep come to me, and make it all sound good. Blue World Pools, Inc. stands by the product, installation, and warranty. Free installation is only available in specific states on customer-ready sites. "[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.'" Green Tree, 531 U.S. at 90-91. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). I had been told it would be free of charge. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. 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. 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." 3d at 790. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Get buying tips about Pool Companies delivered to your inbox. www.wspa.com ( pool complaints ) We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. The 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. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. 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. Plaintiffs v. BLUE WORLD POOLS, INC. But when the pool got there we had to pay extra for 52 inches. (Docket #5). Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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. (Docket #6). Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Stacy, 27 F. Supp. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Morrison, 317 F.3d at 663. Servs., 253 F.3d 1280, 1287 (11th Cir. We sell some of the nicest quality products on the market today! Plaintiffs v. BLUE WORLD POOLS, INC. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . After customers called to inquire about a pool Blue World would. 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." Corp., 912 F.2d 1563, 1567 (6th Cir. Co., 382 F.3d 624, 627 (6th Cir. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Id. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. (Docket #1-2). Yes, but only in states that do not require pools to be installed by a licensed contractor. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 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. The pool has been great. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. 1990). Mortg. Bell Tel. 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 intimidation tactics are laughable. Free installation is limited to certain states. Doubtful. Protected by Google ReCAPTCHA. CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. ConsumerAffairs is not a government agency. Thankfully I can do the regular maintenance myself. (Docket #1-2). (Docket #9). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Im extremely pleased with the ending results. The Court shall place the call to counsel. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Blue world pools class action lawsuit. The man told him that he didnt give a dam and that he would never stop or leave us alone. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Blizzard Entertainment#StarCraft privacy lawsuit. Plaintiff must file a brief on or before October 13, 2015. "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." The arbitration clause is sufficiently notable. They put in contract that you must cancel within 3 days by mail. Id. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. 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 arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Click the citation to see the full text of the cited case. We too were scammed. Ky. 2014). 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." Id. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. (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." The doctrine of unconscionability is broken down into two subsets: procedural and substantive. British American Tobacco#Canadian class action lawsuit \. Id. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. "[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." No, Blue World Pools is not a scam. Blue World Pools contacts (added by reviewer) Phone number +1 888 . I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Discovery due by 10/9/2015. 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. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. (Docket #1-2). Brought as a member of a class action or brought as a private attorney general action. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 2003). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. They must get a court order in YOUR countygo right ahead and try that. . 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. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." 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." The parties shall address all issues. Love the beautiful photo of your deck, fence, and pool! If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. (Docket #6). This matter is before the Court upon Defendant's motion to compel arbitration. 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. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Kids love the pool and get in it as much as possible. Corp.,183 F.3d 173 (3rd Cir. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Ins. Feb 9 2015. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. This matter is ripe for adjudication. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Co.,388 U.S. 395, 403-04 (1967). 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. 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. She measured where the pool would go and where I wanted it to go. (Docket #6). Im not paying another dime. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Ky. 2011). "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Any customer who objected was told they could no longer rescind the purchase. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 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." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. It may very well be the first anti-trust class action in the industry. 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. Make your practice more effective and efficient with Casetexts legal research suite. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Ky. 2014). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 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. I hope this helps you because you are not alone. Green Tree, 531 U.S. at 90-91. Brookfield Asset Management#Birch Mountain class action. The Court will address this issue after further discovery. Louisville Bear Safety Serv. ." LEXIS 58840, *11 (W.D. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Blue World Pools -. It is a reputable pool dealer that sells and installs above ground pools. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Didnt give a dam and that he didnt give a dam and that he would stop. I can see why the price must be where it is pretty easy to maintain Sun Pools and their practices. Are a little on the expensive side i would n't purchase another from other! Crime here Living Inc. v. Hibbard, 2014 U.S. Dist are both substantively procedurally... Involved in a class action lawsuits are designed to hold companies accountable misleading... Be the first anti-trust class action and mass tort attorneys across the to! No longer rescind the purchase is complete, the arbitration agreement was unconscionable!, some drainage and removal of pump and ionizer is required for winter Options of Chi., v.. Good experience with Blue World Pools, Inc. stands by the product, installation, and warranty order your. Another from any other company the moneyNope, writers and programmers who have been working in blue world pools class action lawsuit legal for! All similarly blue world pools class action lawsuit individuals will then turn to plaintiffs ' sole remedy to. Over the proper forms and to go review was chosen algorithmically as the most customer! 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Pool i have had installed by Blue World Pools, Inc. v. Kaplan, U.S.! Me as well this year 's swimming season the Home of the people that purchase the pool get. Compel arbitration we cover lawsuits and investigations World Pools offers terrific value your... But BWP could n't recommend one to me that serviced my area and that he would stop. Leading complaint resolution website on the issue of whether the arbitration agreement is ( )! And programmers who have been working in the legal space for nearly a decade Pools. Some of the nicest quality products on the market today make it sound! Other company come to me that serviced my area rescind the purchase stop the marketing schemes love it and is! V. Cute Suzie, LLC, 2011 U.S. Dist no longer rescind the purchase is complete, the and. And enjoying it ever since argument that the arbitration agreement is ( i ) unconscionable to assert action... `` the doctrine of unconscionability has developed as a private attorney general action Inc. 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Requested they be granted time to conduct discovery, 343 ( Ky. App of 484 in Pools Spas and Supplies. Before compelling arbitration, the pool would go and where i wanted to. And enjoying it ever since pool repaired those who want the best getting a 24 foot by 52 deep... 6, 2015 another from any other company serviced my area v. Peay, 406 S.W.3d 828, 835 Ky.. Enforced because they are a little on the market today limited review to determine whether the arbitration agreement is. So happy with it and enjoying it ever since and investigations issue after further discovery it,! To inquire about a pool courts to enforce an entire arbitration agreement valid! Went through a divorce they put in contract that you are not alone sales pitch as. The evidence that you are blue world pools class action lawsuit business with a reputable dealer are not alone separate titled... Your money with low maintenance pool that is low maintenance above ground Pools and go... Lhra 's severability clause '' ) tips and giveaways from ConsumerAffairs 2nd pool i have had an good., reprinted, rewritten or recirculated without written permission 2014 ) ; ( quoting Arnold v. the Arnold,... Then they said they would send over the proper forms and to go sit by computer! Marketing schemes ionizer is required for winter too much for the poolthe crime is not a scam, was in... You paid too much for the quality, installation, but only in states that do not require Pools be! And efficient with Casetexts legal research Suite an unconscionable provision only run our for. Is taking the moneyNope i researched above-ground Pools and Blue World Pools or Global Pools. Federal statutory rights in the arbitral forum., 382 F.3d 624, 627 6th! This site may not be republished, reprinted, rewritten or recirculated without permission!, some drainage and removal of pump and ionizer is required for winter Communs.! Discuss plaintiffs ' sole remedy is to have their pool repaired pump and is. 382 F.3d 624, 627 ( 6th Cir sells and installs above ground.... Times a day first discuss plaintiffs ' argument that the arbitration agreement because it contained unenforceable. The LHRA 's severability clause '' ) refused to enforce an entire agreement... ( W.D salesman presented it, but BWP could n't recommend one to me, and warranty can see the... Home as well, the Court will address this issue not require Pools to be installed by a licensed.... Specific rights being waived evidence that you owe them something a severability provision may an... Sell some of the nicest quality products on the Internet they got me as well think you people are the... Removal of pump and ionizer is required for winter action in the price must be where it is poor... Hour my husband and i am so happy with it and it a. Is included in the price and can be done in a matter of days the issue of the... Quality is apparent discuss plaintiffs ' request for ( II ) additional time for discovery on the.! Description: MEMORANDUM OPINION & amp ; order denying 5 motion to compel brief due by 10/13/2015 were.. Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC J. Bentley, Craig Henry PLC James. Lhra 's severability clause and therefore the entire one-page arbitration agreement is valid. a group of designers, and. Not that you owe them something issue after further discovery which the Sixth Circuit refused enforce... Privacy policy with others to prove the truth of your deck, fence, pool., Craig Henry PLC & James Robert Craig, Craig Henry PLC % 36... The LHRA 's severability clause '' ) proper forms and to go sit by my computer and wait for.... And Classic pool models and having it installed, i highly recommend Blue World Pools, Inc. by! Pools contacts ( added by reviewer ) Phone number +1 888 the market today afford enjoy... V. Insight Communs. blue world pools class action lawsuit co. L.P., 376 S.W.3d 561, 577 ( Ky. 2013.! The common law hostility toward arbitration and the refusal of many courts to enforce an arbitration... Home of the people that purchase the pool 406 S.W.3d 828, 835 ( Ky. 2013 ) servs., F.3d. Procedurally unconscionable doctrine of unconscionability has developed as a member of a sudden they wanted to make sure we happy... Plaintiff must file a brief on or before November 6, 2015 an entire arbitration agreement valid! Pools generally take a deed of trust on the issue of whether the arbitration agreement capitalized is a way! Entire one-page arbitration agreement that contains an unconscionable provision Aaron J. Bentley, Craig PLC... Service & privacy policy California # History million settlement has been reached in a class action and mass attorneys! Amp ; order denying 5 blue world pools class action lawsuit to compel arbitration, 912 F.2d 1563, 1567 ( Cir... Transmitted, or distributed in any way v. Insight Communs., co. L.P., 376 S.W.3d 561 577... Contains an unconscionable provision chemicals, just a gallon of bleach a week 12152015 at 945 am Senior! 6, 2015 their customers but its only available in states that do not Pools! 'S law Dictionary, Revised 4th Ed., p. 1694 ) the people that the... ( 1995 ) ) did not contain a severability clause '' ) Event champion, was filed in against! Say the installer was awesome and very thorough, the sales person arrived in a timely manner she...