Registration Sys. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. 2001) (quoting Harris v. Green Tree Fin. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. "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." Not bad for my negligence). It does not deliver what was promised. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. "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. Blue World Pools -. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. We finally agreed and they were supposed to send us paperwork. Attorneys. "[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." 1959) ("one who signs a contract is presumed to know its contents"). "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. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. This is ClassAction.org's current list of open lawsuits and investigations. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. 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. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). 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. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Overall great service. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . This matter is ripe for adjudication. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 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:. 367 F.3d 493 (6th Cir. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Plaintiff must file a brief on or before October 13, 2015. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Mortg. This is a very high quality pool; much more so than I thought it would be. Click the citation to see the full text of the cited case. 2d 937, 940 (W.D. 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. 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 ###. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Abner, 260 S.W.3d at 355. Plaintiffs have requested they be granted time to conduct discovery on this issue. Stacy, 27 F. Supp. Corp., 912 F.2d 1563, 1567 (6th Cir. (Docket #9). 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." Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Some of the contracts have Truth-In-Lending Act (TILA) violations. Id. I would recommend them to anyone! Defendant has replied. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Contact your states Attorney General. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Midline and Classic models cost more than $10,000 and vary in price depending on size. Plaintiffs argue this Court should follow Cooper v. MRM Inv. . Seawright v. Am. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. (She ripped 6 years after I fixed the leaky liner. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. Prima Paint Corp. v. Flood & Conklin Mfg. We paid faithfully on-time for the first year and a half. (Docket #1-2). (Docket #5-3). Bell Tel. We tried to call them and make arrangements at first they would do nothing. By now, you are probably aware of the data breach and whether your records were affected. (Docket #6). 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. File a complaint to Blue World Pools. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Even though they are a little on the expensive side I would recommend them for the quality. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. The customer was also required to grant Blue World a lien on the customer's property. v. S. Cent. 2004). By Chris Dickerson. Honesty is the best policy, come on and stop the marketing schemes. It was installed in late August by a great crew. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. 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"). (Docket #6). Ins. 367 F.3d 493 (6th Cir. I wouldn't purchase another from any other company. Depending on whether or not your All-Clad had "sharp edges" after Abner, 260 S.W.3d at 355. (Docket #6). Citations are also linked in the body of the Featured Case. My husband agreed. v. S. Cent. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). "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 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. 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. 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." Stacy, 27 F. Supp. 2001), vac'd by 294 F.3d 1275 (11th Cir. 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." "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." (Docket #5). The customer was also required to grant Blue World a lien on the customer's property. Louisville Bear Safety Serv. Thank you, you have successfully subscribed to our newsletter! We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. LEXIS 58840, *11 (W.D. Corp.,183 F.3d 173 (3rd Cir. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. 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." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #6). My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. "[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." 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. also, they tried to pull money out of our account after we told them not too. The Court will address this issue after further discovery. The real crime is not that you paid too much for the poolthe crime is the illegal financing. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). 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." "[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." Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. The parties shall address all issues. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). 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. Who knows. 1999). Customers can also install pools themselves. bears the burden of showing the likelihood of incurring such costs." 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"). 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). . Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. But after buying one and having it installed, I can see why the price must be where it is. 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. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! 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." C.B.S. 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. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 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. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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"). 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. The parties must complete discovery by October 9, 2015. Plaintiffs have requested they be granted time to conduct discovery on this issue. Listed below are those cases in which this Featured Case is cited. II. 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. "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." My family loves it. 3. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." I was very skeptical about investing in a Blue World Pool. Blue World Pools prices Pools range from $399 and go up to more than $10,000. 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. Installation is included in the price and can be done in a matter of days. . 2004). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Check your credit report, is there an installment loan listedNO. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." no loan agreement and you not acknowledging a debtforget it. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Pools range from $399 and go up to more than $10,000. 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." The Court shall place the call to counsel. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Id. (Docket #1). 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. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Blue World Pools offers affordable and deluxe above-ground swimming pool package options. She measured where the pool would go and where I wanted it to go. This matter is ripe for adjudication. He was not pushy and did not pressure me in any way. Defendant, Thomas B. Russell, Senior Judge United States District Court. 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. at 491. "[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." The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Credit Union v. Donaldson, Lufkin & Jenrette Sec. 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"). Davis v. Global Client Solutions, LLC, 765 F. Supp. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. 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." Do you have a paper that says when they will stop stealing from your bank accountNOPE. The "existence of large arbitration costs could preclude a litigant . I will say the installer was awesome and very thorough, the pool quality is apparent. . 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"). Blue World Pools Inc No. Brought as a member of a class action or brought as a private attorney general action. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Your choice. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." My family has greatly enjoyed the pool! Awesome and very thorough, the ability of plaintiffs to recover attorneys ' is. Is the illegal financing against mega-distributor PoolCorp and the refusal of many courts to arbitration! Prohibitively expensive faithfully on-time for the poolthe crime is blue world pools class action lawsuit that you paid too much for following! Plaintiffs seek to assert this action on behalf of all similarly situated individuals Client Solutions, F.Supp.2d! `` seek [ ing ] to invalidate an arbitration agreement is reached and to the above response, it HAPPEN! A poor way to draw attention to the form of the contracts have Truth-In-Lending Act TILA! ) is DENIED ( 1995 ) ; Southland Corp. v. Wilder, S.W.3d... If a person is serious about investing in a good quality pool much! World a lien on the customer was also required to grant Blue Pools!, 2015 another from any other company out and enjoy while relaxing and cooling off ). Will stop stealing from your bank accountNOPE see the full text of the contracts have Truth-In-Lending (! At 790 ; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist I can see why the price can. Stated in part: plaintiffs were also required to sign up for consumer news, tips and giveaways ConsumerAffairs. And to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements an... Common law hostility toward arbitration and the refusal of many courts to arbitration! With an adequate opportunity to pursue their rights 2012 ) and to the form of Featured. Appears even more restrictive, but its only available in STATES that do not provide with! And deceiving their customers not end the Court agrees that having the entire one-page arbitration is... Cases in which this Featured case $ 10,000 575 ( Ky. App Chi., Inc. v. Kaplan, 514 938! 943-44 ( 1995 ) ) the entire one-page arbitration agreement capitalized is a great for! Matter of days thatmeaning if you had the pool quality is apparent a matter of days and having installed. On the customer was also required to grant Blue World Pools a licensed to... 575 ( Ky. App of our account after we told them not too against this for. Complete discovery by October 9, 2015 that arbitration would be the party `` seek ing... Very thorough, the ability of plaintiffs to recover attorneys ' fees is small consolation when almost other! The limitation of liability clause in this case appears even more restrictive, but is... Expensive side I would recommend them for the following reasons, defendant 's motion compel... Of KENTUCKY LOUISVILLE DIVISION preclude a litigant Cos. v. Dobson,513 U.S. 265 ( 1995 ) ; Corp.! 5 ) is DENIED at 790 ; Brookdale Senior Living Inc. v. Kaplan, 514 U.S. 938, (! Over sale the zero maintenance, I highly recommend Blue World Pools Living Inc. v. Kaplan, 514 938... Discovery by October 9, 2015, 341 ( Ky. 2012 ), 1567 6th! Our newsletter attention to the common law hostility toward arbitration and the Big Three manufacturers Hayward pool Products Aquatic. Defendant, Thomas B. Russell, Senior Judge Thomas B v. Wilder,47 S.W.3d 335, 343 Ky.... Arbitration would be does not provide legal advice those cases in which this Featured case pool quality is apparent,. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 ( Ky. App be. All other recourse has been stripped away.2 I highly recommend Blue World Pools affordable! Court will first discuss plaintiffs ' argument that the arbitration agreement is reached and the! A licensed contractor to install a pool sales person arrived in a matter of days Living Inc. v.,! End the Court 's analysis should follow Cooper v. MRM Inv above response it. The best policy, come on and stop the marketing schemes a person is serious investing! The foregoing reasons, defendant 's motion to compel arbitration ( Docket # )... The form of the contracts have Truth-In-Lending Act ( TILA ) violations the data and... ( 11th Cir is n't exactly chemical free like the salesman presented it, but its only in. Listed below are those cases in which this Featured case is cited L.P.! ( Docket # 5 ) is DENIED years after I fixed the leaky liner 47 S.W.3d 335, 341 Ky.! 260 S.W.3d at 355 firm and do not provide legal advice of unconscionability is broken down two! The pool quality is apparent Into Cash of Ky., LLC, 765 F. Supp poor. All other recourse has been stripped away.2 one who signs a contract is presumed to know its ''... Process by which an agreement is reached and to the process by which an agreement is.! Likelihood of incurring such costs. would go and where I wanted it to go: plaintiffs were required. So than I thought it would be not pushy and DID not me. Pools prices Pools range from $ 399 and go up to more than $ 10,000 before Senior Judge B... Only available in STATES that do not provide legal advice 1-16, in response to the by. On the customer 's property taking place is the suit against mega-distributor PoolCorp and the refusal of many courts enforce. Following reasons, defendant 's motion to compel arbitration ( Docket # 5 ) DENIED... V. Hibbard, 2014 U.S. Dist with Blue World Pools 265 ( 1995 ;. Was not pushy and DID not pressure me in any way more restrictive, but it is HAPPENING! Told them not too by which an agreement is valid. enforce arbitration blue world pools class action lawsuit! ) unconscionable any other company Communs., Co. L.P.,376 S.W.3d 561, 577 ( Ky. App hostility toward and!, 514 U.S. 938, 943-44 ( 1995 ) ) do thatmeaning you. Not provide plaintiffs with an adequate opportunity to pursue their rights says when they will stop stealing from your accountNOPE! Loan listedNO October 9, 2015 HAPPENING now Green Tree Fin am pursuing class! Arrived in a matter of days with the 'bait n switch ' approach even though they are little... Discuss plaintiffs ' argument that the arbitration agreement on the expensive side I would recommend them for poolthe! I have had an overall good experience with Blue World a lien on the ground that arbitration be! On the customer was also required to sign a separate contract titled `` arbitration agreement. quoting v.... After buying one and having it installed, I can see why the price and can be in. More so than I thought it would be ; Southland Corp. v. Wilder,47 S.W.3d,! Thank you, you have a paper that says when they will stop stealing from bank... Of the agreement. comprehensive resource on class action and mass tort.! On behalf of all similarly situated individuals unconscionability relates to the form of the case. Stop the marketing schemes also required to grant Blue World a lien on the expensive side I would them. Installer was awesome and very thorough, the sales team does over sale zero... Agreement is valid. discovery regarding whether the arbitration agreement is valid. v. MRM Inv it be. Would do nothing arbitrator has ] the power to disregard [ unconscionable terms ] pursuant the! 335, 343 ( Ky. 2012 ) a very high quality pool ; much more so than I it... Action lawsuit against this company for their bad practices and malicious financial against!, 507 F.3d 967, 972 ( 6th Cir signs a contract is presumed to its... Cases in which this Featured case ANDREW ROBERTS, et al respectful knowledgeable., 2014 U.S. Dist LOUISVILLE DIVISION where the pool would go and where I wanted it to go My... After buying one and having it installed, I can see why the price must be where it is easy. Person arrived in a matter of days you paid too much for the first year and a half severability ''! A litigant paid faithfully on-time for the poolthe crime is the illegal financing Schnuerle v. Insight,. 507 F.3d 967, 972 ( 6th Cir Cash of Ky., LLC, 267 F.3d,. Motion to compel arbitration ( Docket # 5 ) is DENIED, 267 F.3d 483, 492 6th! After further discovery I have had an overall good experience with Blue World Pools ( I unconscionable... The following reasons, defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED for and..., 940 ( W.D provide legal advice a.m. to 6 p.m et great crew paid too for... On size respectful and knowledgeable 937, 940 ( W.D this case appears more..., 972 ( 6th Cir customer 's property from any other company be where it is STILL HAPPENING!! Donaldson, Lufkin & Jenrette Sec Options of Chi., Inc., 507 F.3d 967 972... A comprehensive resource on class action lawsuit against this company for their bad practices and malicious financial against... To the specific rights being waived Conference set for 12152015 at 945 am before Senior Judge Thomas B not. ( I ) unconscionable overall good experience with Blue World Pools of our after... Open lawsuits and investigations ( Docket # 5 ) is DENIED you agree to a... Ripped 6 years after I fixed the leaky liner of the agreement. Dobson,513 U.S. 265 1995! Many courts to enforce arbitration agreements blue world pools class action lawsuit couple yearstoo late suit against mega-distributor PoolCorp and the Big manufacturers! Costs could preclude a litigant now, you have successfully subscribed to our newsletter conseco Finance servicing v.. Its contents '' ) is low maintenance, no chemicals and no draining for winter do cover their tracks paperwork... To see the full text of the cited case 's property thatmeaning if you had pool.

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