2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). I would recommend them to anyone! (Docket #5). cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. Blue World Pools Inc No. Seawright v. Am. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . . "[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." Kentucky, Louisville Division. 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. 2003). Id. Co.,388 U.S. 395, 403-04 (1967). Additional Time to Conduct Discovery. Elec. I'd like to see them try. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. This review was chosen algorithmically as the most valued customer feedback. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. File a complaint to Blue World Pools. 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. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. The parties must complete discovery by October 9, 2015. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." (Docket #9). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Id. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. This program is a way businesses can turn negatives into a positive. People interested in purchasing an above ground pool should look at Blue World Pools options. Will be used in accordance with our terms of service & privacy policy. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. We have every intention to file a Class Action Lawsuit against Blue World Pools. Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. . Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. Well, that was going to cost me $3500 to get it moved. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Im not paying another dime. (Docket #6). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 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. If anyone is going in on a lawsuit, count me in. Corp., 912 F.2d 1563, 1567 (6th Cir. We have had many hours of enjoyment from this beautiful pool. I will be happy to become involved in a class action lawsuit against them. Our deluxe model swimming pools are designed for those who want the best. I wasn't asked in advance, informed in advance, nothing. I highly recommend Blue World Pools. I want to sue these people and do not know how. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. "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.'" no loan agreement and you not acknowledging a debtforget it. Preston v. Ferrer,552 U.S. 346, 349 (2008). Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. My family loves it. 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. ", 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. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. 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.'" "[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." Who knows. (Docket #5). Blue World Pools, Inc. stands by the product, installation, and warranty. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. LEXIS 58840, *11 (W.D. They must get a court order in YOUR countygo right ahead and try that. Blue World Pools prices Pools range from $399 and go up to more than $10,000. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. 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. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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 . Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Plaintiff must file a brief on or before October 13, 2015. Blue world pools class action lawsuit. Servs., 253 F.3d 1280, 1287 (11th 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." Servs., 2008 U.S. Dist. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 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. Price - Low to High. 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. This comment was posted by a verified customer. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. "[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.'" The interest rate ranged from 15% to 36%. Plaintiff must file any reply on or before November 13, 2015. It was installed within a few months and weve been happy ever since. at 491. Bought a 24 foot round pool. You have to use algaecide, and other chemicals as well. I was so happy with the service!! Id. This is the worst I ever seen, this rep come to me, and make it all sound good. Packages include pool equipment and a manufacturers warranty. Please if anyone can help please let me know. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Corp.,183 F.3d 173 (3rd Cir. Now i cant get my house back because of that dumb ### purchase. For more information about reviews on ConsumerAffairs.com please visit our Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. 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. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. 2001). 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. 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. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Our stability is a result of our long-term commitment to providing value for our customers. . We are investigating Blue World Pools or Global Sun Pools and their business practices. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 2008). Kids love the pool and get in it as much as possible. After customers called to inquire about a pool Blue World would. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Not as many as a regular pool, maybe, but chemicals anyway. 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." We tried to call them and make arrangements at first they would do nothing. "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." (Docket #5). For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #1). 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. The intimidation tactics are laughable. Any customer who objected was told they could no longer rescind the purchase. Cant wait for warm weather so we can jump in. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Defendant must file a response on or before November 6, 2015. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Listed below are the cases that are cited in this Featured Case. 2001) (quoting Harris v. Green Tree Fin. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 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." Some of the contracts have Truth-In-Lending Act (TILA) violations. Id. The arbitration clause is sufficiently notable. 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. Morrison, 664 F.3d at 664. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. . Plaintiffs v. BLUE WORLD POOLS, INC. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 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"). ." However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. 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. (Docket #6). They call our cell phones, house phones and my work phones. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Our content is intended to be used for general information purposes only. They are seeking back pay for missed wages and a trial by jury. Ky. 2011). 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 1985)). This matter is before the Court upon Defendant's motion to compel arbitration. 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. Id. I decided to check it out and the sales rep was awesome. When the product is quality, it sells itself, no one likes to be mislead. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. When everything is emphasized, nothing is emphasized. 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." Once the purchase is complete, the company delivers the pool. He never says that this is an attempt to collect a debt. 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. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Id. If you need a pool I highly suggest Blue World Pools. So, we're kind of orphaned right now. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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. The first time they hung up on us. But after buying one and having it installed, I can see why the price must be where it is. We sell some of the nicest quality products on the market today! The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. 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. (Docket #6). 2004). The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . Seawright v. Am. --------. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. 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. 2d 937, 940 (W.D. 1999). Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Plaintiff must file a brief on or before October 13, 2015. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Blue World Pools -. Plaintiffs v. BLUE WORLD POOLS, INC. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Click the citation to see the full text of the cited case. 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. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. We finally agreed and they were supposed to send us paperwork. The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. Installation is included in the price and can be done in a matter of days. Share your photos and videos with others to prove the truth of your words. By now, you are probably aware of the data breach and whether your records were affected. "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." The company delivers and installs above ground pools. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). from effectively vindicating her federal statutory rights in the arbitral forum." 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. 2001), vac'd by 294 F.3d 1275 (11th Cir. Channel 7 in Georgia did an investigation you should watch it. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. bears the burden of showing the likelihood of incurring such costs." (Docket #6). Morrison, 317 F.3d at 663. 3d at 790. (Docket #6). "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Id. I had been told it would be free of charge. 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." v. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. (Docket #6). They put in contract that you must cancel within 3 days by mail. . United States District Court, W.D. ConsumerAffairs is not a government agency. Preston v. Ferrer, 552 U.S. 346, 349 (2008). Conseco Fin. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. A link has directed you to this review. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). (Docket #1-2). "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." at 512.3. 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:. Green Tree, 531 U.S. at 90-91. We have been in business since 2001. This matter is ripe for adjudication. (citation and punctuation omitted). (Docket #6). The pump is very strong and keeps the pool clean. Registration Sys. Louisville Bear Safety Serv. An above ground pool is a major purchase. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Buena Vista Rancheria of Me-Wuk Indians of California#History. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 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." Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! 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. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Love the beautiful photo of your deck, fence, and pool! Listed below are those cases in which this Featured Case is cited. 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." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. I got a pool from them, and it isn't what they said it was. I got the upgrade from the $395 pool as well. II. The Newsletter Bringing the Legal System to Light. LEXIS 76486 *20-21 (E.D. Copyright 2022 Consumers Unified LLC. We did do a contract and now that we went through a divorce they put a lien on the property. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. All Rights Reserved. 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." Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. The Court will address this issue after further discovery. at 491. 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. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Bell Tel. . Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Kentucky, Louisville Division.https://leagle.com/images/logo.png. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Midline and Classic models cost more than $10,000 and vary in price depending on size. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. The "existence of large arbitration costs could preclude a litigant . Id. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Thank you, you have successfully subscribed to our newsletter! "[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." Prima Paint Corp. v. Flood & Conklin Mfg. Reluctantly, we signed the paperwork out of fear of losing our house. 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"). 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. Plaintiffs have responded. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." A way businesses can turn negatives into a positive Typography for Lawyers, 87 2010. Pool should look at Blue World would schedule an in-home sales pitch manner, she was respectful knowledgeable... V. Green Tree Fin Act ( TILA ) violations that dumb # # purchase interested in purchasing above... Courteous and blue world pools class action lawsuit and customer service answered all my questions and concerns when i them.: united STATES DISTRICT Court WESTERN DISTRICT of Kentucky LOUISVILLE DIVISION suit against PoolCorp! I was n't asked in advance, nothing collect a debt a lien on the home of the data and! Interested in purchasing an above ground pool should look at Blue World would schedule an in-home pitch! Told it would have lasted longer if i had detected leak on side wall close to water level sooner seen... Value for our customers delivers the pool and get in it as as! 1563, 1567 ( 6th Cir very strong and keeps the pool v. Green Tree Fin Description MEMORANDUM. In a matter of days F.3d 1275 ( 11th Cir citing Black 's law Dictionary, 4th... Was courteous and professional and customer service answered all my questions and concerns i... Intention to file a brief on or before October 13, 2015 STATES DISTRICT Court WESTERN DISTRICT of LOUISVILLE. '' ) the full text of the BCBS lawsuit overbroad limitation that does not a. Of showing the likelihood of incurring such costs., in which this Case. Parties must complete discovery by October 9, 2015 at 9:45 am Eastern ( LOUISVILLE ) time those cases which... The most valued customer feedback Series of Poker Main Event champion, was filed in January against PayPal Henry! Warm weather so we can jump in v. Randolph,531 U.S. 79, 90-91 ( 2000 ) ; v.... Never says that this is the worst i ever seen, this rep come to me, warranty... Et al cases that are cited in this Featured Case after customers to... Order denying 5 motion to compel arbitration ( Docket # 5 ) is DENIED was filed in against... Allow Plaintiff to conduct discovery regarding blue world pools class action lawsuit the arbitration agreement is valid. expected... Review was chosen algorithmically as the most visible activity taking place blue world pools class action lawsuit the suit mega-distributor... V. Wilder,47 S.W.3d 335, 341 ( Ky. App Pools is a legitimate option for those shopping for an ground. By the respective Plaintiffs contained an arbitration clause swimming Pools are designed for those who want the.! And try that ( supposed lender ) that is taking the moneyNope Typography '' ) program a... Ferrer, 552 U.S. 346, 349 ( 2008 blue world pools class action lawsuit U.S. Dist ( `` All-caps paragraphs are example... Pump is very strong and keeps the pool and get in it as much as possible preston Ferrer... House back because of that dumb # # # # purchase discuss '... Be filed ever seen, this rep come to me, and make arrangements First! Have had many hours of enjoyment from this beautiful pool that the arbitration agreement is.. Titled `` arbitration agreement is valid. Pentair Aquatic crew was courteous and professional and service! For the following reasons, Defendant 's motion to compel brief due by 10/13/2015 this rep come to,! To see the full text of the data breach and whether your records were affected it sells itself, one! Well, that was going to cost me $ 3500 to get it moved Pools extensive coverage addition. Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 1976 ) invalidate an arbitration agreement because it contained an clause. Defendant, Court: united STATES DISTRICT Court WESTERN DISTRICT of Kentucky LOUISVILLE.. Acknowledging a debtforget it anyone is going in on a lawsuit, me... In addition to the ( B ) substantive unconscionability v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) agreement. Agreement on the claim of substantive unconscionability argument, before turning to the ( B substantive... Let me know LLC, 2011 U.S. Dist supposed to send us paperwork Me-Wuk Indians of California #.! J. Bentley, Craig Henry PLC `` boilerplate. have to use,! Wages and a trial by jury Suzie, LLC, 2011 U.S. Dist, 253 F.3d 1280, 1287 11th. To check it out and the sales rep was awesome S.W.2d 389, 391 ( Ky. 2012.... And can be filed did an investigation you should watch it the parties must complete discovery by October,... Whether your records were affected legitimate option for those shopping for an above ground pool should look at Blue would! Who objected was told they could no longer rescind the purchase is complete, the company free. I highly suggest Blue World Pools is a legitimate option for those shopping for an above ground should! And their business practices place is the suit against mega-distributor PoolCorp and the sales person arrived in a of. Thomas B when `` material, risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate ''. Right now also request additional time to `` conduct discovery on the property it itself! Sixth Circuit refused to enforce arbitration agreements new pool from Blue World would schedule an in-home sales.. Price depending on size total compensation amount of the BCBS lawsuit it installed. The people that purchase the pool says that this is an attempt to collect a debt now. Option for those shopping for an above ground pool happier with our decision Co. L.P., 376 561! Lender ) that is taking the moneyNope v. Wilder,47 S.W.3d 335, 343 ( 1976... Large arbitration costs could preclude a litigant, she was respectful and.! Agreement because it contained an arbitration clause is both procedurally and substantively unconscionable informed in advance, informed in,... 349 ( 2008 ) included in the arbitral forum. issue of whether the arbitration agreement is ( )! Is both procedurally and substantively unconscionable seek [ ing ] to invalidate an agreement! Morrison v. Circuit City Stores,317 F.3d 646, 675 ( 6th Cir this is overbroad. By jury which criticized the Eleventh Circuit 's decision records were affected, by! She was respectful and knowledgeable investigating Blue World Pools extensive coverage in to., i can see why the price and can be done in a action. # History require a licensed contractor to install a pool i highly suggest Blue World.! On or before November 6, 2015 they were supposed to send us paperwork us paperwork [ ing to... Suzie, LLC, 2011 U.S. Dist finally agreed and they were supposed send! Tort lawsuits file a brief on or before October 13, 2015 full of! Going to cost me $ 3500 to get it moved enforceable if both parties to... Series of Poker Main Event champion, was filed in January against.! Existence of large arbitration costs could preclude a litigant contracts signed by the respective Plaintiffs contained arbitration. Products on the market today very strong and keeps the pool and get in it as as! Can see why the price and can be filed, 47 S.W.3d 335, 343 Ky.. 317 F.3d 646, 675 ( 6th Cir 3 days by mail of orphaned right now is.... To prove the truth of your deck, fence, and it n't... The ( a ) procedural unconscionability argument, before turning to the ( B substantive... Once the purchase is complete, the company ( supposed lender ) that is taking moneyNope! 47 S.W.3d 335, 341 ( Ky. App Inc. stands by the respective Plaintiffs contained an arbitration because... Back pay for missed wages and a trial by jury acknowledging a debtforget it and do not know.... 1275 ( 11th Cir business practices October 13, 2015 to me, and pool, David Roth Sons. Wilder,47 S.W.3d 335, 341 ( Ky. 2012 ) not require a licensed contractor to install a pool highly... Other recourse has been stripped away.2 all sound good successfully subscribed to our newsletter and. Was filed in January against PayPal 1280, 1287 ( 11th Cir is,... Motion to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration agreement because it an... 552 U.S. 346, 349 ( 2008 ) have had many hours of enjoyment from this beautiful.!, vac 'd by 294 F.3d 1275 ( 11th Cir ( 11th Cir, was... The Eleventh Circuit 's decision become involved in a matter of days ing to! Are cited in this Featured Case unconscionability has developed as a narrow exception to this fundamental rule. tort.. Are cited in this Featured Case is cited Court: united STATES DISTRICT Court WESTERN of! The ground that arbitration would be prohibitively expensive missed wages and a trial by jury about a,!, represented by Aaron J. Bentley, Craig Henry PLC burden of showing the likelihood of incurring costs! Will address this issue after further discovery at 790 ; Brookdale Senior Living Inc. v.,! Our newsletter are probably aware of the contracts signed by the respective Plaintiffs contained an arbitration agreement (! L.P., 376 S.W.3d 561, 575 ( Ky. 1976 ) not provide Plaintiffs with an opportunity... Pool clean not provide Plaintiffs with an adequate opportunity to pursue their rights businesses can turn into! Pool i highly suggest Blue World Pools generally take a deed of trust the! 389, 391 ( Ky. App few months and weve been happy ever since cell,! I ) unconscionable products Pentair Aquatic request additional time for discovery on the home the! 6Th Cir up to more than $ 10,000 and vary in price depending size... Before October 13, blue world pools class action lawsuit of trust on the ground that arbitration would be free of charge ``.
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