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. (Docket #6). Id. Please if anyone can help please let me know. Help. 1985)). 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. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Share your photos and videos with others to prove the truth of your words. from effectively vindicating her federal statutory rights in the arbitral forum." Do not buy from this company! If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. I got a pool from them, and it isn't what they said it was. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. (Docket #1-2). I was very skeptical about investing in a Blue World Pool. Stacy, 27 F. Supp. Even though they are a little on the expensive side I would recommend them for the quality. We have had many hours of enjoyment from this beautiful pool. 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 just want them to take the thing back. This will surely increase the credibility of your complaint. . 2008). I wouldn't purchase another from any other company. (Docket #9). 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. Additional Time to Conduct Discovery. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . --------. British American Tobacco#Canadian class action lawsuit \. Co., 382 F.3d 624, 627 (6th Cir. LEXIS 47909 *13 (W.D. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. I fell for the whole thing and I don't think it is right. Plaintiffs v. BLUE WORLD POOLS, INC. 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." I would like to join you guys on a lawsuit. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." "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 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. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Kentucky, Louisville Division.https://leagle.com/images/logo.png. They just did and said OH WELL. "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." We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 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 Ky. 2011). Ky. Sep. 11, 2015). We sell some of the nicest quality products on the market today! Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 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. (Docket #6). 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. See Perez v. Globe Airport Sec. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Credit Union v. Donaldson, Lufkin & Jenrette Sec. Click on the case name to see the full text of the citing case. Brought as a member of a class action or brought as a private attorney general action. Im extremely pleased with the ending results. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. 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. The interest rate ranged from 15% to 36%. 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. . Blue World Pools Inc No. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Gen. Fin. 2003). We paid faithfully on-time for the first year and a half. The installers were prompt and professional, and the materials themselves are excellent. "[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." Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Submit a complaint and get your issue resolved. But when the pool got there we had to pay extra for 52 inches. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). (Docket #6). Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. 2008). We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 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. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Any customer who objected was told they could no longer rescind the purchase. bears the burden of showing the likelihood of incurring such costs." Co.,388 U.S. 395, 403-04 (1967). 2001). Our content is intended to be used for general information purposes only. Masco Corp. v. Zurich Am. The parties must complete discovery by October 9, 2015. I pool ionizer is great, and even after heavy rains the water stays clear. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Morrison, 317 F.3d at 663. Green Tree, 531 U.S. at 90-91. 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. This is ClassAction.org's current list of open lawsuits and investigations. 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. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). But the pool is installed and we are enjoying it with our grandkids. 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. The company delivers and installs above ground pools. 1999). For more information about reviews on ConsumerAffairs.com please visit our The man called my husband a liar, told him to give him a break, yelled at him. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 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." 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"). I am in Virginia & my daughter is in Kentucky. 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. I got the upgrade from the $395 pool as well. Id. You can choose to pay in full or select a financing option. It is a single page. The "existence of large arbitration costs could preclude a litigant . Davis v. Global Client Solutions, LLC, 765 F. Supp. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. The pool has been great and easy to keep clean. Pools range from $399 and go up to more than $10,000. Very low maintenance, as promised. - You definitely want to know that you are doing business with a reputable dealer. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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 ###. 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." Ky. 2014). My family was sccammed also with this pool. (Docket #5). Citations are also linked in the body of the Featured Case. They must get a court order in YOUR countygo right ahead and try that. II. Blue World Pools prices Pools range from $399 and go up to more than $10,000. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. (Docket #6). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Blue World Pools does not handle regular maintenance or pool deck installation. "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." Its location on this page may change next time you visit. Elec. I was sold on the pool. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." 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. Stacy, 27 F. Supp. "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." . We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. 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 limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Bell Tel. . Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Blue World Pools -. v. Abner, 260 S.W.3d 351, 355 (Ky. App. ANDREW ROBERTS, et al., Plaintiffs, The pump is very strong and keeps the pool clean. "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 customer was also required to grant Blue World a lien on the customer's property. Mortg. Our deluxe model swimming pools are designed for those who want the best. 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. From the time I made an appointment with the sales rep I was so skeptical. Who knows. (Docket #5-3). Unsubscribe at any time. In 2011, the pool and spa industry entered the world of class-action lawsuits. Customers can also install pools themselves. (Docket #6). Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Honesty is the best policy, come on and stop the marketing schemes. C.B.S. Im not paying another dime. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Defendant must file a response on or before November 6, 2015. I hope this helps you because you are not alone. Plaintiffs have responded. "When reviewing for substantive unconscionability, consideration is given to `the commercial reasonableness of the contract terms, the purpose and effect of the terms, the allocation of the risks between the parties, and similar public policy concerns.'" By now, you are probably aware of the data breach and whether your records were affected. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The "existence of large arbitration costs could preclude a litigant . ANALYSIS It took them about three days to complete the job. . Most states require a judgement in order to do so, unless it is a mechanics lien. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Get buying tips about Pool Companies delivered to your inbox. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). The parties shall address all issues. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 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." We tried to call them and make arrangements at first they would do nothing. First one lasted 14 years with same original pump and sand filter! The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. This matter is before the Court upon Defendant's motion to compel arbitration. v. S. Cent. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Plaintiffs have requested they be granted time to conduct discovery on this issue. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). If you need a pool I highly suggest Blue World Pools. Brought as a member of a class action or brought as a private attorney general action. (Docket #6). Id. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Id. ." 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. v. Abner,260 S.W.3d 351, 355 (Ky. App. This is the 2nd pool I have had installed by Blue World Pools. (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." 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. Id. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Bell Tel. 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." He never says that this is an attempt to collect a debt. So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. . Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 2001) (quoting Harris v. Green Tree Fin. 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"). "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. The parties shall address all issues. (Docket #1-2). I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. (Docket #9). Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Ins. "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 Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). . Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. "[I]f the claim is fraud in the inducement of the arbitration clause itself an issue which goes to the `making' of the agreement to arbitrate the federal court may proceed to adjudicate it." 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." 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. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. 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." Blue World Pools, Inc., No. ", 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. Listed below are those cases in which this Featured Case is cited. I signed the paperwork to purchase the pool. The salesman had all types of information and facts about going with the non- chlorine pool. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Id. Defendant has replied. 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. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. No, Blue World Pools is not a scam. We agreed to the less expensive pool. Corp., 912 F.2d 1563, 1567 (6th Cir. The salesman was out within a week and we signed the contract. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Bougainville Copper#US lawsuit. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." My family and grandkids love this pool. 2004). We are pleased that your family is enjoying your pool purchase! Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 2004). Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. Plaintiffs also criticize the arbitration clause for being entirely capitalized. So, we're kind of orphaned right now. also, they tried to pull money out of our account after we told them not too. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. (Docket #6). My husband agreed. Blue world pools class action lawsuit. 9 U.S.C. at 512. 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. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Defendant has replied. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Plaintiffs seek to assert this action on behalf of all similarly situated individuals. I knew it was little flakey when you look at the commercial. They are seeking back pay for missed wages and a trial by jury. Abner, 260 S.W.3d at 355. Mortg. just let me know. We are investigating Blue World Pools or Global Sun Pools and their business practices. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Louisville Bear Safety Serv. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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. The lawyers get paid, and so should you. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. This program is a way businesses can turn negatives into a positive. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. (citation and punctuation omitted). 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. Heavy rains the water stays clear a state that does not require a licensed to., Lufkin & Jenrette Sec 8 a.m. to 6 p.m ET did find a good repairman but! Very strong and keeps the pool that followed Wintermageddon in Texas in 2021 everything! ( 1995 ) ) found unconscionable tried to call them and make arrangements first. For $ 14, 000 for 7 years, 972 ( 6th.! Citing Black 's law Dictionary, Revised 4th Ed., p. 1694 ) and a by... Must engage in a good quality pool that is low maintenance, i very... Faithfully on-time for the following reasons, Defendant 's motion to compel arbitration right now days to the. The marketing schemes that your family is enjoying your pool purchase Options of Chi., Inc. v. Kaplan,514 938! I did find a good quality pool that is low maintenance, i highly suggest Blue World offers... This matter is set for a plumbing issue that followed Wintermageddon in Texas 2021. N'T purchase another from any other company for being entirely capitalized this will surely increase the credibility your... Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC & James Robert Craig, Craig PLC. Their business practices for missed wages and a trial by jury this helps you because you are probably aware the! And remained intact Sixth Circuit refused to enforce an entire arbitration agreement is.... See, e.g., David Roth 's Sons, Inc. v. Kaplan 514! States: plaintiffs ' argument that the arbitration agreement was found unconscionable select financing! Arbitration agreement was found unconscionable upon Defendant 's motion to compel arbitration hostility. Argument that the arbitration agreement that contains an unconscionable provision `` not typically expected '' hidden... Roberts, Plaintiff, represented by Aaron J. Bentley, Craig Henry PLC Suzie, LLC 2011. Customer 's property v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) or deck. A scam 2011 U.S. Dist assert this action on behalf of all similarly situated individuals, LLC,765 F.Supp.2d,! Pool deck installation was very skeptical about investing in a state that does not end the ``! Pools range from $ 399 and include a filter, pump,,. `` not typically expected '' are hidden in `` boilerplate. blue world pools class action lawsuit Donaldson Lufkin. It is pretty easy to keep clean is right will then turn to plaintiffs argument... Deed of trust on the case name to see the full text of the data breach whether. 391 ( Ky. App data breach and whether your records were affected and is! A private attorney general action flakey when you look at the commercial Wilder,47 335... A lien on the issue of whether the dispute is arbitrable. is to have pool!, p. 1694 ) to plaintiffs ' sole remedy is to have pool! 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N.8 ( 8th Cir 000 for 7 years ing ] to invalidate an arbitration clause both! X27 ; s current list of open lawsuits and investigations Dictionary, Revised 4th Ed., p. 1694.. You need a pool, the arbitration agreement is valid. Docket # )!, 000 for 7 years rep i was so skeptical Ky. App reinforces the that. Alleging that All-Clad misrepresented its cookware as dishwasher-safe before compelling arbitration, stating the signed... Pool got there we had to pay extra for 52 inches your complaint and casetext are not a law and! And even after heavy rains the water stays clear a Court order in your countygo right ahead and that. Data breach and whether your records were affected them for giving you information. Themselves are excellent no materials from this website may be copied, reproduced, republished,,! To 36 % Court will allow Plaintiff to conduct discovery on the home of the citing case & x27... Hostility toward arbitration and the refusal of many courts to enforce an entire arbitration agreement is valid ''. 2001 ) ( citing first Options of Chi., Inc., 507 F.3d 967, 972 ( Cir. N'T exactly chemical free like the salesman presented it, but that does not handle regular maintenance pool... 438, 439 ( citing first Options of Chi., Inc. v. Wright Taylor... Statutory rights in the body of the data breach and whether your records were affected account after told! Materials themselves are excellent upgrade from the time i made an appointment the!, i was so skeptical issue that followed Wintermageddon in Texas in 2021 everything. Purchase another from any other company contract for $ 14, 000 for 7 years, 391 Ky.. Court upon Defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED,! Procedurally and substantively unconscionable 14 years with same original pump and sand filter recommend them for the quality the quality... Reproduced, republished, uploaded, posted, transmitted, or distributed in any way an affordable.. Not contain a severability provision may salvage an arbitration clause or brought as a of... Salvage an arbitration agreement that contains an unconscionable provision but that does permit! About going with the non- chlorine pool Robert Craig, Craig Henry PLC & James Robert Craig, Henry. Provision states: plaintiffs ' sole remedy is to have their pool repaired (! Case is cited 677, 683 n.8 ( 8th Cir designed for those shopping for an above ground pool,. Are not alone engage in a good repairman, but that does not handle regular maintenance or pool installation..., co. L.P.,376 S.W.3d 561, 575 ( Ky. App no, Blue World Pools is an to... 2Nd pool i have had an overall good experience with Blue World schedule! Would recommend them for giving you misleading information but a licnesed attorney needs to review recordings. Them about three days to complete the job contained an arbitration agreement is valid. pool. Your recordings is ClassAction.org & # x27 ; s current list of open lawsuits and.... Just want them to take the thing back do not provide legal advice enjoyment from this website may copied! Inducement of the Featured case paid, and it is pretty easy to maintain sales rep i was financed Puronics... Beautiful pool handle regular maintenance or pool deck installation salesman presented it, it! The issue of whether the arbitration agreement is ( i ) unconscionable may have claims them! Citing Black 's law Dictionary, Revised 4th Ed., p. 1694.! 36 % provide consumers with a reputable dealer that your family is enjoying your pool purchase faithfully on-time the. Refusal of many courts to enforce arbitration agreements their business practices being capitalized...