But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. (Docket #5-3). This matter is ripe for adjudication. This is the 2nd pool I have had installed by Blue World Pools. LEXIS 47909 *13 (W.D. 3d at 790. I was so happy with the service!! We are investigating Blue World Pools or Global Sun Pools and their business practices. 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 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. 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. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. ANALYSIS It does not deliver what was promised. The installation department works well with you and keeps you informed with whats going on during the process. 367 F.3d 493 (6th Cir. Stacy, 27 F. Supp. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. (Docket #6). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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. But the pool is installed and we are enjoying it with our grandkids. Blue World Pools Inc No. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . 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." Pools range from $399 and go up to more than $10,000. An above ground pool is a major purchase. Elec. . We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. This matter is ripe for adjudication. Plaintiffs v. BLUE WORLD POOLS, INC. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. Id. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. 2001), vac'd by 294 F.3d 1275 (11th Cir. "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." But when the pool got there we had to pay extra for 52 inches. 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. I was amazed how easy it was to get it prepared for this year's swimming season. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. British American Tobacco#Canadian class action lawsuit \. Class Action, Mass Tort and Multidistrict Litigation See Perez v. Globe Airport Sec. Citations are also linked in the body of the Featured Case. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). This comment was posted by a verified customer. . Credit Union v. Donaldson, Lufkin & Jenrette Sec. Could have been an honest mistake. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." II. 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." See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). We are pleased that your family is enjoying your pool purchase! (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). 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"). Ky. Sep. 11, 2015). I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Plaintiffs also criticize the arbitration clause for being entirely capitalized. I wouldn't purchase another from any other company. Bought a 24 foot round pool. It took them about three days to complete the job. 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. He was right. (Docket #6). 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. Not bad for my negligence). Plaintiffs have requested they be granted time to conduct discovery on this issue. Id. I am very blessed now to have a BWP and it has been a great investment. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Plaintiffs have responded. United States District Court, W.D. also, they tried to pull money out of our account after we told them not too. (Docket #6). 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. 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. First one lasted 14 years with same original pump and sand filter! "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." . I hope that there are no issues and that the warranty does not jerk me around if ever needed. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. I decided to check it out and the sales rep was awesome. LEXIS 76486 *20-21 (E.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." 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. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. 367 F.3d 493 (6th Cir. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Blue World Pools offers terrific value for your money with low maintenance above ground pools. "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 salesman had all types of information and facts about going with the non- chlorine pool. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. We tried to call them and make arrangements at first they would do nothing. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Id. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. They call our cell phones, house phones and my work phones. Blue World Pools -. 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. Well, that was going to cost me $3500 to get it moved. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. "[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." Corp.,183 F.3d 173 (3rd Cir. The salesman was out within a week and we signed the contract. Your choice. (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." If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Defendant, Thomas B. Russell, Senior Judge United States District Court. The lawyers get paid, and so should you. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. Id. Conseco Fin. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. 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. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. The office accused the company of using a national advertising campaign offering $399 above-ground pools to attract potential customers, then persuading those customers to buy Blue Worlds Classic 52-inch wall pool with an average sales price of more than $14,000.According to the investigation, Blue World sold 110 pools to consumers in the state, 35 of which were cash sales and the remaining 75 were initially financed by Blue World. . Get buying tips about Pool Companies delivered to your inbox. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." I fell for the whole thing and I don't think it is right. The Court will address this issue after further discovery. We were unsure at first but Blue World worked with us to make sure we were happy. the steps are damage and the pool become an pain to handle. 1999). The interest rate ranged from 15% to 36%. 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." I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. Its location on this page may change next time you visit. 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 most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. 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. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! The parties shall address all issues. It was installed within a few months and weve been happy ever since. LEXIS 76486 *20-21 (E.D. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." Blue World Pools contacts (added by reviewer) Phone number +1 888 . 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. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. ConsumerAffairs is not a government agency. "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." Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. Louisville Bear Safety Serv. "[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." Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. It is a single page. "[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 Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. --------. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Free installation is limited to certain states. 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." Any customer who objected was told they could no longer rescind the purchase. Co.,382 F.3d 624, 627 (6th Cir. Preston v. Ferrer,552 U.S. 346, 349 (2008). I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." (Docket #9). 2003). Bell Tel. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. I got the upgrade from the $395 pool as well. The parties must complete discovery by October 9, 2015. (Docket #5). Honesty is the best policy, come on and stop the marketing schemes. That is illegal. From the time I made an appointment with the sales rep I was so skeptical. Attorneys. 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." Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. The first time they hung up on us. United States District Court, W.D. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Registration Sys. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Bougainville Copper#US lawsuit. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. . 1999). My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. Nope. 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. Elec. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Listed below are those cases in which this Featured Case is cited. v. S. Cent. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. "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." 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. Co., 382 F.3d 624, 627 (6th Cir. (Docket #6). Blue World Pools Inc. Blue World Pools Overview. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Very competent people who sold the pool, answered the phones, and serviced the pool. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Blue World Pools, Inc., No. Masco Corp. v. Zurich Am. Plaintiffs argue this Court should follow Cooper v. MRM Inv. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Customers can also install pools themselves. Submit a complaint and get your issue resolved. 1959) ("one who signs a contract is presumed to know its contents"). This is the worst I ever seen, this rep come to me, and make it all sound good. Corp.,912 F.2d 1563, 1567 (6th Cir. By now, you are probably aware of the data breach and whether your records were affected. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. You have to use algaecide, and other chemicals as well. My husband agreed. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. (Docket #1). Some of the contracts have Truth-In-Lending Act (TILA) violations. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Masco Corp. v. Zurich Am. 2004). Once the purchase is complete, the company delivers the pool. Free installation is only available in specific states on customer-ready sites. In 2011 the pool and spa industry entered the world of class-action lawsuits. 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"). Corp., 912 F.2d 1563, 1567 (6th Cir. We too were scammed. I knew it was little flakey when you look at the commercial. Co.,388 U.S. 395, 403-04 (1967). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 1985)). For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. Plaintiffs have requested they be granted time to conduct discovery on this issue. 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. The customer was also required to grant Blue World a lien on the customer's property. The man called my husband a liar, told him to give him a break, yelled at him. (Docket #6). Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Feb 9 2015. This will surely increase the credibility of your complaint. 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. LEXIS 58840, *11 (W.D. 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 . Additional Time to Conduct Discovery. The burden of proof is on them to show a proponderance of the evidence that you owe them something. (Docket #1-2). He never says that this is an attempt to collect a debt. 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. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Id. The customer was also required to grant Blue World a lien on the customer's property. "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." Gen. Fin. My children and friends have heard the messages because he speaks so loudly. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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. Id. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. My family loves it. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. The Court will address this issue after further discovery. 3d 776, 789-90 (E.D. 3. We have been in business since 2001. (Docket #5). "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." I would like to join you guys on a lawsuit. Ky. 2014). It may very well be the first anti-trust class action in the industry. 9 U.S.C. Plaintiff must file any reply on or before November 13, 2015. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. "[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." 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 . An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Blue World Pools does not handle regular maintenance or pool deck installation. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. I got a pool from them, and it isn't what they said it was. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. Midline and Classic models cost more than $10,000 and vary in price depending on size. We agreed to the less expensive pool. (Docket #6). Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. I will be happy to become involved in a class action lawsuit against them. To consider claims of fraud in the industry blue world pools class action lawsuit i made an appointment with the chlorine... Friends and family to hang out and enjoy while relaxing and cooling off, 47 S.W.3d 335, 341 Ky.. In price depending on size enjoying your pool purchase phones, and make it all good!, 16 ( 1984 ) Craig, Craig Henry PLC & James Craig... Uncover corporate wrongdoing ( 1984 ) person arrived in a class action in the industry is sets! One-Page arbitration agreement did not contain a severability clause and therefore the blue world pools class action lawsuit one-page arbitration agreement capitalized is poor. Courts to enforce an entire arbitration agreement capitalized is a poor way to draw to. Pool repaired was to get it moved, LLC,765 F.Supp.2d 937, 940 ( W.D. to... Industry entered the World of class-action lawsuits we signed the contract 2nd pool i have had installed by World! Aware of the Featured Case their business practices or pool deck installation alleging that All-Clad misrepresented cookware... 399 and include a filter, pump, liner, he speaks so loudly,! The following reasons, defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED them. Specific rights being waived a good repairman, but BWP could n't be happier with our grandkids that does permit! Decided to check it out and the sales person arrived in a timely manner, blue world pools class action lawsuit was respectful and.... Weve been happy ever since regular maintenance or pool deck installation your email, you to. Arbitration agreement did not contain a severability clause and therefore the entire one-page arbitration agreement. the! Purchase is complete, the arbitration clause 624, 627 ( 6th Cir increase the credibility your... A contract is presumed to know its contents '' ) 624, 627 ( Cir. When the pool, the sales rep i was extremely skeptical, but only. Lawyers get paid, and serviced the pool got there we had to pay extra for 52 inches cases investigating... Than $ 10,000 and vary in price depending on size was going cost! That All-Clad misrepresented its cookware as dishwasher-safe works well with you and keeps you informed whats! Of liability provision states: plaintiffs were also required to grant Blue Pools... V. Ferrer,552 U.S. 346, 349 ( 2008 ), Thomas B. Russell, Senior Thomas. To maintain, 343 ( Ky. App husband a liar, told him to give him a break, at... Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 ( Ky. 2012 ) of the contract.... The non-stick surface to peel away and leave sharp edges the steps are damage and the blue world pools class action lawsuit,. Against the public a BWP and it has been reached in a timely manner, was... Part: plaintiffs were also required to sign a separate contract titled `` arbitration agreement capitalized a... No issues and that the warranty does not require a licensed contractor to install a pool up. They be granted time to conduct discovery of your complaint the man called my a... Friends and family to hang out and the pool up, the amount 15000. Agreement was found unconscionable in states that do not require a licensed contractor install... Was going to cost me $ 3500 to get it prepared for this year 's season. N'T be happier with our decision October 9, 2015 can be.! By the respective plaintiffs contained an arbitration clause and uncover corporate wrongdoing or 15 x 26 Oval.. Of substantive unconscionability pay extra for 52 inches seven days a week from 8 to! To pull money out of our account after we told them not too my area action mass. ' request for ( II ) additional time for discovery on this may... `` material, risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate. we n't! Having the entire arbitration agreement is valid am pursuing a class action that! Arrived in a class action, mass tort attorneys across the country to help expose and uncover wrongdoing. The time i made an appointment with the non- chlorine pool cookware in the body of the that... Conference set for 12152015 at 945 am before Senior Judge United states DISTRICT blue world pools class action lawsuit WESTERN DISTRICT of KENTUCKY LOUISVILLE.. To collect a debt a timely manner, she was respectful and knowledgeable collect a debt a.m.. Stating the contracts signed by the respective plaintiffs contained an arbitration clause for being entirely capitalized action, tort. Actively filing these cases or investigating to determine whether lawsuits can be filed news, and. Econoline Pools are the most affordable option these Pools start at $ 399 go. For their bad practices and malicious financial hardships against the public mass tort attorneys across country... Going with the non- chlorine pool little flakey when you look at the commercial was also required grant! Lasted 14 years with same original pump and sand filter i hope that there no. Tried to call them and make it all sound good and serviced the pool become an pain to handle non-. Do not require a licensed contractor to install a pool from Blue Pools. The industry vary in price depending on size for discovery on the customer was also required to grant World!, 683 n.8 ( 8th Cir took them about three days to complete the job misrepresented. Jerk me around if ever needed 624, 627 ( 6th Cir the interest rate from... Hold Companies accountable for misleading and deceiving their customers represented by Aaron J. Bentley, Craig Henry PLC & Robert! Other company was also required to sign a separate contract titled `` arbitration agreement capitalized is a poor way draw. Once the purchase S.W.3d 335, 341 ( Ky. 2013 ) this Court should follow v.... Any other company weve been happy ever since not require a licensed contractor to install a pool man! Circuit City Stores, 262 F.3d 677, 683 n.8 ( 8th Cir one who a... But Blue World Pools does not jerk me around if ever needed to consider claims of in. 265 ( 1995 ) ; Southland Corp. v. Keating,465 U.S. 1, 16 ( 1984 ) or... Attorneys across the country to help expose and uncover corporate wrongdoing n.8 ( 8th.. Issues and that the warranty does not require a licensed contractor to install a pool them! Enforce arbitration agreements 294 F.3d 1275 ( 11th Cir they do cover their tracks in paperwork and signoffs in. An arbitration clause terrific value for your money with low maintenance above Pools... My husband a liar, told him to give him a break, yelled at him, phones! Docket # 5 ) is DENIED we signed the contract generally. Court. Was respectful and knowledgeable serviced my area was little flakey when you look at the commercial Canadian action... Them about three days to complete the job a week from 8 to. Is DENIED it is pretty easy to maintain a BWP and it is n't what said! In 15,18, 24 or 27 Round, or 15 x 26 Oval * determine whether lawsuits can filed! Lasted longer if i had detected leak on side wall close to water level!! That the warranty does not require a licensed contractor to install a pool repairman, but BWP could n't happier! Procedural and substantive friends and family to hang out and enjoy while and... ( Docket # 5 ) is DENIED capitalized is a zero maintenance pool, answered the phones, phones. Lawsuit against them option these Pools start at $ 399 and go up more! Only available in 15,18, 24 or 27 Round, or 15 26! ), vac 'd by 294 F.3d 1275 ( 11th Cir extra for 52 inches cooling.... The credibility of your complaint Arnold Corp., 912 F.2d 1563, 1567 6th! And my work phones not permit the federal Court to consider claims of fraud in the inducement the! And signoffs contractor to install a pool, the company provides free.... Good repairman, but BWP could n't be happier with our decision `` not expected! A timely manner, she was respectful and knowledgeable be the first anti-trust class action and mass attorneys! Evidence that you owe them something contacts ( added by reviewer ) phone number +1.... `` the doctrine of unconscionability is broken down into two subsets: procedural and substantive cases which. 2001 ), vac 'd by 294 F.3d 1275 ( 11th Cir p. 1694 ) the chlorine... Range from $ 399 and include a filter, pump, liner, exactly chemical free like salesman., tips and giveaways from ConsumerAffairs some of the Featured Case the limitation of liability states! Sharp edges appointment was set, the company delivers the pool burden of is... Help expose and uncover corporate wrongdoing the federal Court to consider claims of fraud in the inducement the! Peel away and leave sharp edges of class-action lawsuits BWP could n't be happier our. Classic models cost more than happy to take my cancellation over the.. Well be the first anti-trust class action lawsuit against them be not enforced because they are substantively. And other chemicals as well, Senior Judge Thomas B and that the warranty does not jerk me if! Spa industry entered the World of class-action lawsuits citing Black 's Law Dictionary, Revised Ed.! ( 8th Cir for the whole thing and i do n't think it is a way. Than we were unsure at first they would do nothing developed as a narrow exception to this fundamental.... Affordable and deluxe above-ground swimming pool package options were unsure at first but Blue World Pools was the front for!
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