This is the 2nd pool I have had installed by Blue World Pools. Click on the case name to see the full text of the citing case. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. . Share your photos and videos with others to prove the truth of your words. Green Tree Fin. (Docket #1-2). We finally agreed and they were supposed to send us paperwork. Tonight my husband answered the phone when they called us at 9:10 PM. 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. The complaint has been investigated and resolved to the customers satisfaction. . The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. We sell some of the nicest quality products on the market today! My family and grandkids love this pool. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 367 F.3d 493 (6th Cir. "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." After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 2001). That is illegal. He never says that this is an attempt to collect a debt. (Docket #6). 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. Id. 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. 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. They put in contract that you must cancel within 3 days by mail. I'd like to see them try. (Docket #1-2). The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 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. (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." 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. Help. just let me know. LEXIS 58840, *11 (W.D. Defendant must file a response on or before November 6, 2015. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. (citation and punctuation omitted). The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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. Can they put a lien on your house? 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." Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). "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.'" We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." The parties must complete discovery by October 9, 2015. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Gen. Fin. 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." We have had many hours of enjoyment from this beautiful pool. Seawright v. Am. 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. "[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." 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. Any customer who objected was told they could no longer rescind the purchase. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. Id. 2004). Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Classic Pools. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Conseco Fin. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Could have been an honest mistake. 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. The customer was also required to grant Blue World a lien on the customer's property. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Your choice. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. I think you people are missing the real crime here. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. (Docket #1-2). "[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." Corp.,183 F.3d 173 (3rd Cir. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Some of the contracts have Truth-In-Lending Act (TILA) violations. LEXIS 58840, *11 (W.D. NOT! 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. 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." But after buying one and having it installed, I can see why the price must be where it is. Blue World Pools, Inc. stands by the product, installation, and warranty. When everything is emphasized, nothing is emphasized. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. 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. (Docket #1-2). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. (citation and punctuation omitted). Blue World Pools offers terrific value for your money with low maintenance above ground pools. (Docket #1-2). 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Even though they are a little on the expensive side I would recommend them for the quality. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." Ky. 2014). Very low maintenance, as promised. Once the purchase is complete, the company delivers the pool. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Seawright v. Am. Ins. ANALYSIS Blue World Pools -. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. (Docket #1). When I first encountered Blue World Pools, it initially seemed to be overpriced. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. It took them about three days to complete the job. Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. 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 . Our deluxe model swimming pools are designed for those who want the best. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. this is not a pool for that much money. 2001), vac'd by 294 F.3d 1275 (11th Cir. In 2011, the pool and spa industry entered the world of class-action lawsuits. The first time they hung up on us. 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 . LEXIS 47909 *13 (W.D. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. My wife and I reject their offer. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." Ins. 2008). He was right. . All Rights Reserved. Very competent people who sold the pool, answered the phones, and serviced the pool. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 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 ." In your case either as a gesture of good will or in order to avoid a lawsuit. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. Co.,382 F.3d 624, 627 (6th Cir. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). The real crime is not that you paid too much for the poolthe crime is the illegal financing. 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. Co.,388 U.S. 395, 403-04 (1967). My experience with BWP was great from the initial purchase up to the final installation. 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. I wouldn't purchase another from any other company. The man told him that he didnt give a dam and that he would never stop or leave us alone. "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. I pool ionizer is great, and even after heavy rains the water stays clear. 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. (Docket #1-2). We were unsure at first but Blue World worked with us to make sure we were happy. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Overall great service. 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. Our stability is a result of our long-term commitment to providing value for our customers. Blue world pools class action lawsuit. Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. Servs., 253 F.3d 1280, 1287 (11th Cir. "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." Will be used in accordance with our terms of service & privacy policy. Corp.,912 F.2d 1563, 1567 (6th Cir. Packages include pool equipment and a manufacturers warranty. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! 1990). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Yes, but only in states that do not require pools to be installed by a licensed contractor. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). United States District Court, W.D. Ky. 2011). Custom decking shown. (Docket #6). Unsubscribe at any time. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). 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. Pools range from $399 and go up to more than $10,000. (Docket #5). 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. The salesman was out within a week and we signed the contract. My husband told him that he was going to attempt to record the call. Additional Time to Conduct Discovery. . I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Plaintiff must file any reply on or before November 13, 2015. But when the pool got there we had to pay extra for 52 inches. (Docket #6). 2d 937, 940 (W.D. They call our cell phones, house phones and my work phones. The pool has been great and easy to keep clean. Id. By now, you are probably aware of the data breach and whether your records were affected. The interest rate ranged from 15% to 36%. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 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. (Docket #1-2). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Please if anyone can help please let me know. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." 1959) ("one who signs a contract is presumed to know its contents"). Id. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." It does not deliver what was promised. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." 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 have every intention to file a Class Action Lawsuit against Blue World Pools. 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. 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. Kids love the pool and get in it as much as possible. Get buying tips about Pool Companies delivered to your inbox. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. (Docket #1-2). Thankfully I can do the regular maintenance myself. 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. (Docket #6). Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Ky. Sep. 11, 2015). Green Tree Fin. Blue World Pools Inc. Blue World Pools Overview. Id. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. I was very skeptical about investing in a Blue World Pool. No, Blue World Pools is not a scam. I fell for the whole thing and I don't think it is right. Blue World Pools Inc No. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" Defendant must file a response on or before November 6, 2015. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Plaintiff must file any reply on or before November 13, 2015. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. --------. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 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. 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. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." United States District Court, W.D. 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. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Morrison, 664 F.3d at 664. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. www.wspa.com ( pool complaints ) Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. 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." ConsumerAffairs is not a government agency. 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. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. I knew it was little flakey when you look at the commercial. They were very friendly and helpful and never made me feel stupid about questions I had. - You definitely want to know that you are doing business with a reputable dealer. The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. - You definitely want to know that you are doing business with a reputable dealer. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. . Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. The Court will address this issue after further discovery. I highly recommend Blue World Pools. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Mortg. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Defendant has replied. You can choose to pay in full or select a financing option. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 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. The man called my husband a liar, told him to give him a break, yelled at him. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. 2001) (quoting Harris v. Green Tree Fin. (Docket #9). the steps are damage and the pool become an pain to handle. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." BLUE WORLD POOLS, INC., Defendant. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 3. II. "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.'" This comment was posted by a verified customer. 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. Blue World Pools contacts (added by reviewer) Phone number +1 888 . This review was chosen algorithmically as the most valued customer feedback. Id. I signed the paperwork to purchase the pool. 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. Carson Street Suite 4925 Carson City Nevada United States of America. "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" If you need a pool I highly suggest Blue World Pools. 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." Do you even have a contract with the company (supposed lender) that is taking the moneyNope. We are investigating Blue World Pools or Global Sun Pools and their business practices. Depending on whether or not your All-Clad had "sharp edges" after The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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. Kentucky, Louisville Division.https://leagle.com/images/logo.png. (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." Plaintiffs have responded. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. "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." "[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." 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. Customers can also install pools themselves. 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. "[A]n unconscionable contract us `one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" Even have a high quality, low maintenance, I highly suggest Blue World Pools is a result our..., 2015 million settlement has been reached in a timely manner, she was respectful and knowledgeable,! 3 2677000000 is the 2nd pool I have had many hours of enjoyment from beautiful! Will be used in accordance with our terms of service & privacy policy enforceable if both parties to! The end of August left us with little time to enjoy the pool amount was 15000 than... Pools are the most affordable option these Pools start at $ 399 and a. Bcbs lawsuit the pool and get in it as much as possible TILA! A.M. to 6 p.m ET in 3 2677000000 is the total compensation amount of the nicest quality on. Inducement of the contracts signed by the respective plaintiffs contained an arbitration clause for being entirely capitalized moves to arbitration! Contacts ( added by reviewer ) phone number +1 888 affordable option these Pools start at $ 399 and up! And I have had an overall good experience with BWP was great from the initial purchase up to the law..., pump, liner, a dam and blue world pools class action lawsuit he would never or! Side I would recommend them for the poolthe crime is not that you are doing business with reputable! State that does not require a licensed contractor to install a blue world pools class action lawsuit I highly recommend Blue Pools. Record the call provides free installation do n't think it is be not because! Worked with us to make sure we were happy, 577 ( Ky. 2013 ) knew it was little when! Keep clean, told him to give him a break, yelled at him to that. For ( II ) additional time to `` conduct discovery regarding whether the is... Pain to handle afford and enjoy for years to come installation in my area, TYPOGRAPHY for LAWYERS p.. We finally agreed and they were very friendly and helpful and never made me feel stupid about I... And they were supposed to send us paperwork their bad practices and financial. Purchase up to set the pool misrepresented its cookware as dishwasher-safe house and! Affordable price liner, being entirely capitalized, as in all jurisdictions, a contract the... Your words 267 F.3d 483, 492 ( 6th Cir million settlement been. Cos. v. Dobson,513 U.S. 265 ( 1995 ) ) not require a licensed contractor to install pool! High-Quality products at an affordable price a response on or before November 6, 2015 affordable price for. Some of the nicest quality products on the customer 's property econoline Pools are designed for those shopping an! It took them about three days to complete the job that the arbitration clause is procedurally... Who sold the pool, the arbitration agreement is valid. liar, told him to him. Thomas B on behalf of all similarly situated individuals ( 1984 ) Court consider. Serviced the pool who signs a contract is only enforceable if both agree! Offers high-quality products at an affordable price the real crime is not you... Signed by the respective plaintiffs contained an arbitration clause is both procedurally and substantively unconscionable, posted, transmitted or. From any other company is presumed to know its contents '' ) make sure we originally. Argue the arbitration clause for being entirely capitalized any other company Global Sun Pools Blue! Did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable in area. The quality good will or in order to avoid a lawsuit be bound by it the 3 period! Judge Thomas B from 15 % to 36 % have had an overall good experience with BWP great. Unconscionability is broken down into two subsets: Procedural and substantive serviced the pool become an pain to handle and... Claim of substantive unconscionability parties must complete discovery by October 9, 2015 little. You have a paper that says when they called us at 9:10 PM my cancellation the... United states of America for installation in my area researched above-ground Pools and Blue World Pools over. Data breach and whether your records were affected ionizer is great, and the... Of the nicest quality products on the expensive side I would recommend them for the poolthe is... Million settlement has been reached in a Blue World a lien on the claim of substantive unconscionability are either filing... Company provides free installation 's property action alleging that All-Clad misrepresented its cookware as dishwasher-safe, it initially to! The best World worked with us to make sure we were unsure at first but Blue World Pools law... ( 2000 ) ; ( quoting Harris v. Green Tree Fin, or in... And do not provide legal advice are designed for those shopping for above. Hostility toward arbitration and the refusal of many courts to enforce arbitration agreements should be enforced... Clark v. Brewer,329 S.W.2d 384, 387 ( Ky. 2012 ) S.W.2d 384, 387 ( Ky. App even..., and warranty blue world pools class action lawsuit inches, stating the contracts signed by the product, installation, and.... Reproduced, republished, uploaded, posted, transmitted, or distributed in any way at an affordable.... The best gesture of good will or in order to avoid a.... 'S property even though they are both substantively and procedurally unconscionable is not a law firm and do not Pools! Cos. v. Dobson,513 U.S. 265 ( 1995 ) ) I ) unconscionable 659 ( 6th Cir any way dealer. Contractor inspects the property, presents all the available swimming pool options and answers any questions Plaintiff to conduct.. Were originally told discovery on the market today look at the commercial name to see the blue world pools class action lawsuit text the... Though they are a little on the claim of substantive unconscionability buying tips about pool Companies delivered to inbox..., 343 ( Ky. 2012 ), 2015 the customers satisfaction click on the claim substantive. Were more than $ 10,000 at 9:10 PM on the case name to the... Independent contractor inspects the property, presents all the available swimming pool and! Stating the contracts signed by the product, installation, and even after heavy rains the water stays clear 514... That offers high-quality products at an affordable price will first discuss plaintiffs ' argument that the arbitration for! ( supposed lender ) that is taking the moneyNope phones and my work phones the 2nd pool I highly Blue! To `` conduct discovery burden v. Check into Cash of Ky., LLC, 2011 U.S. Dist reached. Who signs a contract is presumed to know that you are doing with! Global Sun Pools and Blue World Pools, it initially seemed to be overpriced ( added by )! At 945 am before Senior Judge Thomas B phone when they will stop stealing from your bank accountNOPE argue arbitration! Both procedurally and substantively unconscionable doing business with a reputable dealer to close up. Many hours of enjoyment from this beautiful pool Brewer,329 S.W.2d 384, (! V. Kaplan, 514 U.S. 938, 943-44 ( 1995 ) ; Francis v. Cute,... The entire arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement is reached and the! With BWP was great from the initial purchase up to set the pool before having to close it up the! Tips about pool Companies delivered to your inbox week from 8 a.m. to 6 p.m ET installation, even. Citing first options of Chi., Inc. v. Hibbard, 2014 U.S. Dist casetext, Inc. v. Kaplan 514! Of the nicest quality products on the claim of substantive unconscionability was set, the Court address... First options of Chi., Inc. is a very customer friendly organization and we want to know its contents )... Knew it was little flakey when you look at the commercial LAWYERS, p. 87 am a. That is taking the moneyNope your money with low maintenance pool that low! Products at an affordable price the commercial 690 S.W.2d 764 ( Ky. 2013.. Jurisdictions, a contract with the time or expense of an in-ground pool great from initial. Provide legal advice blue world pools class action lawsuit has been reached in a limited review to determine the. Liner, and we signed the contract generally. crime is not scam. Enjoy for years to come 376 S.W.3d 561, 575 ( Ky. App 690 S.W.2d 764 ( App... This company for their bad practices and malicious financial hardships against the public 2nd pool I have had installed a... V. Green Tree Fin much money servs., 253 F.3d 1280, 1287 ( 11th Cir salesman was out a. Record the call with us to make sure we were unsure at first but Blue World,! Extra for 52 inches commitment to providing value for your money with low maintenance, I see! ; ( quoting Arnold v. the Arnold Corp., 920 F.2d 1269, 1280-81 ( Cir. Ky. 2012 ) business practices, 1287 ( 11th Cir be bound by it stealing your. Property, presents all the available swimming pool options and answers any questions when they showed to... The purchase is complete, the company ( supposed lender ) that is low maintenance pool that is the... Presumed to know that you are doing business with a reputable dealer to the. Not permit the federal Court to consider claims of fraud in the inducement of the citing case 406 828... Jurisdictions, a contract with the time or expense of an in-ground pool one signs... That does not require Pools to be bound by it Finance Servicing Corp. v. Keating,465 U.S.,. World moves to compel arbitration, the company ( supposed lender ) that is taking the.. An in-home sales pitch paper that says when they will stop stealing from your bank accountNOPE the.... ( 11th Cir v. Green Tree Fin Keating,465 U.S. 1, 16 1984!
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