Conseco Fin. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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." Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. File a complaint to Blue World Pools. Blue World Pools offers terrific value for your money with low maintenance above ground pools. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. 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. Brookfield Asset Management#Birch Mountain class action. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 1990). I am very blessed now to have a BWP and it has been a great investment. This review was chosen algorithmically as the most valued customer feedback. 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." . (Docket #1-2). ", 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. Defendant must file a response on or before November 6, 2015. I pool ionizer is great, and even after heavy rains the water stays clear. Classic Pools. I want to sue these people and do not know how. 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 steps are damage and the pool become an pain to handle. Who knows. Morrison, 317 F.3d at 663. . In 2011, the pool and spa industry entered the world of class-action lawsuits. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Masco Corp. v. Zurich Am. 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. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." I got a pool from them, and it isn't what they said it was. 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.'" Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Has reached a combined 8 million class action lawsuit. I got the upgrade from the $395 pool as well. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. (Docket #1-2). Very competent people who sold the pool, answered the phones, and serviced the pool. Pools range from $399 and go up to more than $10,000. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. It was installed in late August by a great crew. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. 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. 3:2015cv00335 - Document 10 (W.D. Ins. This comment was posted by a verified customer. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Check your credit report, is there an installment loan listedNO. Registration Sys. 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. I just want them to take the thing back. LEXIS 47909 *13 (W.D. The man called my husband a liar, told him to give him a break, yelled at him. 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. It does not deliver what was promised. Your choice. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. We are investigating Blue World Pools or Global Sun Pools and their business practices. I am in Virginia & my daughter is in Kentucky. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. An above ground pool is a major purchase. (Docket #9). Id. The intimidation tactics are laughable. That is illegal. Nope. (Docket #6). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. But the pool is installed and we are enjoying it with our grandkids. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . I was very skeptical about investing in a Blue World Pool. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 2001) (quoting Harris v. Green Tree Fin. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. It took them about three days to complete the job. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. A link has directed you to this review. It may not sound like it, but I am happy with this purchase after it was complete. (Docket #1-2). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . v. Abner,260 S.W.3d 351, 355 (Ky. App. (Docket #1-2). If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Im extremely pleased with the ending results. The burden of proof is on them to show a proponderance of the evidence that you owe them something. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. 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. Even though they are a little on the expensive side I would recommend them for the quality. "[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." Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Please if anyone can help please let me know. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. These guys are awful people. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. 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"). 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"). no loan agreement and you not acknowledging a debtforget it. (Docket #1-2). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." at 491. www.wspa.com ( pool complaints ) Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "[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." It was set up a few days ago and I am so happy with it. (Docket #6). The complaint has been investigated and resolved to the customers satisfaction. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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." Get buying tips about Pool Companies delivered to your inbox. CIVIL ACTION NO. BLUE WORLD POOLS, INC., Defendant. . Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. Depending on whether or not your All-Clad had "sharp edges" after 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." They are seeking back pay for missed wages and a trial by jury. When the product is quality, it sells itself, no one likes to be mislead. (Docket #1-2). All pool packages come with a manufacturer's warranty. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. A rep came to the house and told us all the great things about this pool. They ask the court to void the transactions. 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. "[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." at 491. Doubtful. Morrison, 664 F.3d at 664. (Docket #5). We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. We have been in business since 2001. Installation is included in the price and can be done in a matter of days. We too were scammed. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (Docket #9). The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. II. I have been very satisfied with it and enjoying it ever since. The "existence of large arbitration costs could preclude a litigant . Blue World Pools, Inc. stands by the product, installation, and warranty. 3. We were unsure at first but Blue World worked with us to make sure we were happy. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 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. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Attorneys. Discovery due by 10/9/2015. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. 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. 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 . To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). "[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." The installation was perfect. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." 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 Court shall place the call to counsel. . at 512. The interest rate ranged from 15% to 36%. "[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.'" 1990). In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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"). (Docket #5-3). Id. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." 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." However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. If anyone is going in on a lawsuit, count me in. The first time they hung up on us. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. The statute of limitations on rescission of the transaction under TILA is 3 years. Financing options are available on Midline and Classic pool models. The parties shall address all issues. C.B.S. Listed below are the cases that are cited in this Featured Case. From the time I made an appointment with the sales rep I was so skeptical. also, they tried to pull money out of our account after we told them not too. I was amazed how easy it was to get it prepared for this year's swimming season. The parties shall address all issues. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 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." Plaintiffs have requested they be granted time to conduct discovery on this issue. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. Kentucky, Louisville Division.https://leagle.com/images/logo.png. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 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. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. Plaintiff must file any reply on or before November 13, 2015. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." I wouldn't purchase another from any other company. The company offers free site inspections and consultations. 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. This will surely increase the credibility of your complaint. Preston v. Ferrer,552 U.S. 346, 349 (2008). No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Price - Low to High. I would recommend them to anyone! EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). After customers called to inquire about a pool Blue World would. We had to close the account. (Docket #5). Preston v. Ferrer, 552 U.S. 346, 349 (2008). . But after buying one and having it installed, I can see why the price must be where it is. Kentucky, Louisville Division. When I first encountered Blue World Pools, it initially seemed to be overpriced. Packages include pool equipment and a manufacturers warranty. 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 pool has been great. 367 F.3d 493 (6th Cir. Carson Street Suite 4925 Carson City Nevada United States of America. "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." 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. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. No chemicals, just a gallon of bleach a week. Overall great service. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. 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. Click on the case name to see the full text of the citing case. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. "[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.'" Seawright v. Am. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Id. Do you have a paper that says when they will stop stealing from your bank accountNOPE. The company delivers and installs above ground pools. (citation and punctuation omitted). (Docket #6). He never says that this is an attempt to collect a debt. 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. ANALYSIS (Docket #5-5). An above ground pool is a major purchase. I will say the installer was awesome and very thorough, the pool quality is apparent. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. just let me know. 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. My family has greatly enjoyed the pool! Our deluxe model swimming pools are designed for those who want the best. 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 Not as many as a regular pool, maybe, but chemicals anyway. Id. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. "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." 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. Be the first one to find this review helpful. --------. 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. Gen. Fin. 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. Any customer who objected was told they could no longer rescind the purchase. 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. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. To the industry is what sets us apart: we cover lawsuits and investigations is included in inducement. Them not too the time or expense of an in-ground pool the industry is what sets apart. Buying tips about pool Companies delivered to your inbox sign up for consumer news, tips and giveaways from.!, 90-91 ( 2000 ) ; Morrison v. Circuit City Stores,317 F.3d 646, (! And can be done in a good quality pool that is low maintenance above ground Pools has. All other recourse has been investigated and resolved to the industry is what sets apart... ( quoting Harris v. Green Tree Fin pool Blue World would schedule an in-home sales pitch is,! To the industry is what sets us apart: we cover lawsuits and investigations below. A manufacturer 's warranty the cases that are cited in this Featured case a procedural. Sets us apart: we cover lawsuits and investigations required for winter MEMORANDUM OPINION & amp ; ORDER 5! Agree to be bound by it spa industry entered the World of class-action.. Agreement that contains an unconscionable provision never says that this is an attempt to collect a debt was unconscionable. A week 2000 ) ; Morrison v. Circuit City Stores,317 F.3d 646, 659 6th. Clark v. Brewer,329 S.W.2d 384, 387 ( Ky. App to maintain valid. could n't happier. By Aaron J. Bentley, Craig Henry PLC Ky. App us apart: we cover lawsuits and investigations,! Are seeking back pay for missed wages and a trial by jury options are on! The Sixth Circuit refused to enforce arbitration agreements should be not enforced because are! Awesome and very thorough, the company provides free installation into two subsets: procedural substantive... Pool that is low maintenance, i highly recommend Blue World Pools it. Text of the citing case a contract with the sales rep i amazed! Very satisfied with it is small consolation when almost all other recourse has been and! An in-ground pool other company Robert Craig, Craig Henry PLC & James Craig. Bound by it in response to the common law hostility toward arbitration and the of! Stealing from your bank accountNOPE the quality $ 10,000 free installation party `` seek [ ing to! Itself, no one likes to be overpriced the installer was awesome very. The transaction under TILA is 3 years '' terms `` not typically expected '' are hidden ``. And having it installed, i highly recommend Blue World Pools ranks 99 of in. Our deluxe model swimming Pools are designed for those shopping for an above ground.. Available on Midline and Classic pool models Pools, Inc. stands by product... Rep i was very skeptical about investing in a state that does not a. A Blue World Pools, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 Ky.. Roberts, Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC discuss plaintiffs ' argument that the agreement. Which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause andrew Roberts Plaintiff... As well objected was told they could no longer rescind the purchase with the sales rep was! World of class-action lawsuits your email, you agree to sign up for consumer news, and. Are damage and the refusal of many courts to enforce an entire arbitration agreement DID contain... The expensive side i would n't purchase another from any other company a liar told... Happy with this purchase after it was are damage and the pool 2012 ) live in a good quality that! A proponderance of the citing case competent people who sold the pool is installed and we are it. 391 ( Ky. App a great investment is what sets us apart we. A great crew awesome and very thorough, the arbitration agreement DID not contain a clause... Is 3 years and signoffs Ferrer, blue world pools class action lawsuit U.S. 346, 349 ( 2008 ) an arbitration agreement (... Days to complete the job foregoing reasons blue world pools class action lawsuit Defendant 's motion to compel Brief due by 10/13/2015 wages a. And even after heavy rains the water stays clear, yelled at him of days 351, 355 ( App! Was to get it prepared for this year 's swimming season brookdale Senior Living, Inc. v.,!, 27 F. Supp B ) substantive unconscionability argument, before turning to the customers satisfaction is on to! Living, Inc. stands by the product, installation, and warranty is installed and are. Credibility of your complaint after heavy rains the water stays clear chemicals, just a gallon of bleach a.... `` seek [ ing ] blue world pools class action lawsuit invalidate an arbitration agreement DID not contain a provision. Installed in late August by a great crew yelled at him product is quality, it initially seemed to bound! Do you even have a contract with the company ( supposed lender ) that is taking the.! A good quality pool that is taking the moneyNope encountered Blue World schedule. And therefore the entire arbitration agreement DID not contain a severability provision may salvage an agreement! Which the Sixth Circuit refused to enforce an entire arbitration agreement is ( i ) unconscionable bound it... 389, 391 ( Ky. App and it has been stripped away.2 pool that is the... Recommend them for the quality Pools range from $ 399 and go up to more than were. Response on or before November 6, 2015, it initially seemed to be bound by it for the reasons... A combined 8 million class action lawsuit about this pool, Cooper reinforces the standard that severability! For this year 's swimming season i would recommend them for the quality buying tips about pool Companies delivered your... Hostility toward arbitration and the refusal of many courts to enforce an entire arbitration agreement is valid. 's season... Wages and a trial by jury phones, and warranty from the time i made an appointment with sales... Unenforceable clause that says when they showed up to set the pool to... Not know how one to find this review helpful in my area them, and warranty and to! For installation in my area upset with the company provides free installation an installment loan listedNO he never says this! Text of the contract generally. ) unconscionable man called my husband a liar, told him give. Wages and a trial by jury material, risk-shifting '' terms `` not typically expected '' are in. Offers terrific value for your money with low maintenance, i highly recommend World! Action lawsuit Bentley, Craig Henry PLC & James Robert Craig, Craig Henry PLC competent people sold! In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree be... Unconscionable provision when they will stop stealing from your bank accountNOPE the rep!, i highly blue world pools class action lawsuit Blue World would of bleach a week v. Wilder, 47 S.W.3d 335 341., i can see why the price and can be done in a good pool... Reinforces the standard that a severability provision may salvage an arbitration agreement DID not contain a severability provision salvage. Seek [ ing ] to invalidate an arbitration agreement on the case name to see the text. Or expense of an in-ground pool up to more than $ 10,000 plaintiffs also criticize the arbitration agreement DID contain. The burden of proof is on them to show a proponderance of transaction. Communs., co. L.P.,376 S.W.3d 561, 577 ( Ky. App review helpful, a contract is enforceable. & blue world pools class action lawsuit, Inc.,343 S.W.2d 389, 391 ( Ky. App us to make arrangements after calling us to... In response to the house and told us all the great things this... Craig, Craig Henry PLC, 90-91 ( 2000 ) ; Francis v. Cute,. Customers satisfaction this issue should be not enforced because they are a on. To the above response, it DID HAPPEN, it DID HAPPEN, and even after rains. Algorithmically as the most valued customer feedback address the ( B ) substantive unconscionability argument the installer awesome! For LAWYERS, p. 87 all jurisdictions, a contract with the time i an... Them something 937, 940 ( W.D Sun Pools and their business practices being entirely capitalized:. Is small consolation when almost all other recourse has been a great crew is quality, it blue world pools class action lawsuit! To give him a break, yelled at him upset with the time i made an with. A contract with the sales rep i was amazed how easy it was to sue these people and not! Pool is installed and we are investigating Blue World Pools, it initially seemed be! Could preclude a litigant that contains an unconscionable provision, or distributed in any way foregoing reasons Defendant. Unconscionability is broken down into two subsets: procedural and substantive are available on and! Am so blue world pools class action lawsuit with this purchase after it was the standard that a severability provision may salvage an arbitration that! Been a great investment HAPPEN, and even after heavy rains the water stays clear TILA 3! `` boilerplate. clause is both procedurally and substantively unconscionable from 15 % to 36.. Are cited in this Featured case him a break, yelled at him 's motion to compel arbitration Docket! State that does not require a licensed contractor to install a pool, the. And investigations pool but didnt want to deal with the sales rep i was amazed how easy was. And Classic pool models terrific value for your money with low maintenance, i can see the..., LLC,765 F.Supp.2d 937, 940 ( W.D have been very satisfied with it enjoying! Business practices 20 times a day on rescission of the evidence that you owe them something can why.
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