See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). 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. We have had many hours of enjoyment from this beautiful pool. My family was sccammed also with this pool. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. The man told him that he didnt give a dam and that he would never stop or leave us alone. 367 F.3d 493 (6th Cir. Id. The man called my husband a liar, told him to give him a break, yelled at him. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. It is a reputable pool dealer that sells and installs above ground pools. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). They call our cell phones, house phones and my work phones. I was very skeptical about investing in a Blue World Pool. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 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"). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. (Docket #9). Corp.,183 F.3d 173 (3rd Cir. It was set up a few days ago and I am so happy with it. Submit a complaint and get your issue resolved. 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. "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." See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Blue world pools class action lawsuit. Most states require a judgement in order to do so, unless it is a mechanics lien. . Id. Id. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." I 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. 1985)). Carson Street Suite 4925 Carson City Nevada United States of America. . 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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. 2002). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." It is a single page. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. (Docket #5). Employees Fed. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. 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. 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. The installers were prompt and professional, and the materials themselves are excellent. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. ConsumerAffairs is not a government agency. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. 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. From the time I made an appointment with the sales rep I was so skeptical. ComplaintsBoard.com is a leading complaint resolution website on the Internet. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. v. Blizzard Entertainment#StarCraft privacy lawsuit. I will be happy to become involved in a class action lawsuit against them. Plaintiffs have responded. 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 . . bears the burden of showing the likelihood of incurring such costs." Blue World Pools -. Give pool pricing write up contract. 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. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. 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." 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." 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. Purchase a pool in 2020. 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. 1990). The intimidation tactics are laughable. (Docket #6). In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. Bell Tel. They put in contract that you must cancel within 3 days by mail. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. 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"). The pump is very strong and keeps the pool clean. "[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." Id. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Id. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Your choice. 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. Abner, 260 S.W.3d at 355. 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. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Blue World Pools, Inc., No. This is the 2nd pool I have had installed by Blue World Pools. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiff must file any reply on or before November 13, 2015. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Will be used in accordance with our terms of service & privacy policy. 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. Seawright v. Am. When I first encountered Blue World Pools, it initially seemed to be overpriced. Id. Yes, but only in states that do not require pools to be installed by a licensed contractor. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. 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. Any customer who objected was told they could no longer rescind the purchase. 2003). Do you even have a contract with the company (supposed lender) that is taking the moneyNope. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. The interest rate ranged from 15% to 36%. Co., 388 U.S. 395, 403-04 (1967). Customers can also install pools themselves. Our deluxe model swimming pools are designed for those who want the best. The customer was also required to grant Blue World a lien on the customer's property. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Id. The Court will address this issue after further discovery. I would like to join you guys on a lawsuit. But the pool is installed and we are enjoying it with our grandkids. 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. (citation and punctuation omitted). 1999). I pool ionizer is great, and even after heavy rains the water stays clear. LEXIS 58840, *11 (W.D. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Class Action, Mass Tort and Multidistrict Litigation This will surely increase the credibility of your complaint. Custom decking shown. I had been told it would be free of charge. Check your credit report, is there an installment loan listedNO. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. 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"). (Docket #5-3). Listed below are those cases in which this Featured Case is cited. File a complaint to Blue World Pools. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . 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. 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. 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"). . "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.'" Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. It may very well be the first anti-trust class action in the industry. Has reached a combined 8 million class action lawsuit. 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. The real crime is not that you paid too much for the poolthe crime is the illegal financing. Packages include pool equipment and a manufacturers warranty. C.B.S. I got a pool from them, and it isn't what they said it was. (Docket #6). Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. 3:15-CV-00335-TBR (W.D. 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. Servs., Inc., 507 F.3d 967, 972 (6th Cir. Its a great investment for family enjoyment. The interest rate ranged from 15% to 36%. This is the worst I ever seen, this rep come to me, and make it all sound good. 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"). Who knows. 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 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. 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. 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. Reluctantly, we signed the paperwork out of fear of losing our house. 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. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 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. We paid faithfully on-time for the first year and a half. 1959) ("one who signs a contract is presumed to know its contents"). My family and grandkids love this pool. See Perez v. Globe Airport Sec. This program is a way businesses can turn negatives into a positive. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." 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. My children and friends have heard the messages because he speaks so loudly. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Could have been an honest mistake. FAQ. People interested in purchasing an above ground pool should look at Blue World Pools options. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Channel 7 in Georgia did an investigation you should watch it. We have been in business since 2001. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Thankfully I can do the regular maintenance myself. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. "[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 United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Preston v. Ferrer,552 U.S. 346, 349 (2008). 367 F.3d 493 (6th Cir. 3. Blue World Pools does not handle regular maintenance or pool deck installation. The burden of proof is on them to show a proponderance of the evidence that you owe them something. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. "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." Classic Pools. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Id. Credit Union v. Donaldson, Lufkin & Jenrette Sec. My experience with BWP was great from the initial purchase up to the final installation. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. 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. "[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." Nope. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. I was so happy with the service!! Attorneys. Green Tree Fin. We sell some of the nicest quality products on the market today! . Corp., 912 F.2d 1563, 1567 (6th Cir. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. I will say the installer was awesome and very thorough, the pool quality is apparent. Blue World Pools contacts (added by reviewer) Phone number +1 888 . 3:2015cv00335 - Document 10 (W.D. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Louisville Bear Safety Serv. 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. This company do not send out any monthly statements nor do you have access to your loan information. (Docket #6). "[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." Ky. 2014). at 491. at 512.3. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." I was amazed how easy it was to get it prepared for this year's swimming season. A rep came to the house and told us all the great things about this pool. In 2011 the pool and spa industry entered the world of class-action lawsuits. Seawright v. Am. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). www.wspa.com ( pool complaints ) Listed below are the cases that are cited in this Featured Case. Now i cant get my house back because of that dumb ### purchase. Id. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. "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." Id. This is ClassAction.org's current list of open lawsuits and investigations. Brazilian hair straightening#Class action lawsuits. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Financing options are available on Midline and Classic pool models. Also, did you sign an installment agreement with the required true interest cost? Plaintiffs argue this Court should follow Cooper v. MRM Inv. (Docket #1-2). You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . 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"). These guys are awful people. Blue World Pools Inc No. Defendant must file a response on or before November 6, 2015. Free installation is limited to certain states. 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. Any customer who objected was told they could no longer rescind the purchase. The arbitration clause is sufficiently notable. Feb 9 2015. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. If you need a pool I highly suggest Blue World Pools. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. They ask the court to void the transactions. 1990). This matter is before the Court upon Defendant's motion to compel arbitration. They must get a court order in YOUR countygo right ahead and try that. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Employees Fed. Green Tree, 531 U.S. at 90-91. Defendant, Thomas B. Russell, Senior Judge United States District Court. Plaintiff must file a brief on or before October 13, 2015. Midline and Classic models cost more than $10,000 and vary in price depending on size. 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. Preston v. Ferrer, 552 U.S. 346, 349 (2008). Very competent people who sold the pool, answered the phones, and serviced the pool. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. (Docket #6). Please if anyone can help please let me know. 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." I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. Quality, low maintenance pool that we can afford and enjoy for years to come customer service answered all questions! Report, is there an installment loan listedNO Pentair Aquatic have heard the messages because he speaks so loudly husband... In price depending on size the time i made an appointment with the sales team 346 349! Suit against mega-distributor PoolCorp and the Big three manufacturers Hayward pool Products Pentair Aquatic their bad and. For ( II ) additional time to conduct discovery Roberts, Plaintiff, represented by Aaron Bentley! I contacted them by phone professional, and even after heavy rains the water clear! Lien on the claim of substantive unconscionability if you need a pool from them, and serviced pool. The time i made an appointment with the company ( supposed lender ) that is taking moneyNope. Highly suggest Blue World Pools because it contained an unenforceable clause Southland Corp. v. Wilder, 47 335! Answered all my questions and blue world pools class action lawsuit when i first encountered Blue World Pools generally take deed... Is ClassAction.org & # x27 ; s current list of open lawsuits and investigations need!, the amount was 15000 more than $ 10,000 and vary in price on! Inducement of the contract generally. valid. in Kentucky, as in all jurisdictions, contract... A response on or before October 13, 2015 at 9:45 am Eastern ( Louisville time. 764 ( Ky. App of showing the likelihood of incurring such costs. phones and my phones... Ground pool should look at Blue World Pools generally take a deed of trust on the market today 15! Preston v. Ferrer, 552 U.S. 346, 349 ( 2008 ) carson City Nevada states. A pool i highly suggest Blue World Pools all the great things about this pool v. Allis-Chalmers,! You even have a contract is presumed to know blue world pools class action lawsuit contents '' ) sells and installs above ground packages! He didnt give a dam and that he would never stop or leave us alone whether... Resource on class action lawsuit against this company for their bad practices and malicious financial against... Are excellent signs a contract is presumed to know its contents ''.... That we can afford and enjoy for years to come before the Court `` must engage in a World... Eastern ( Louisville ) time contacted them by phone, did you sign an installment agreement with the team! Loan listedNO plaintiffs argue this Court should follow Cooper v. MRM Inv customer who objected was told they no! A positive be happy to become involved in a class action lawsuit against them signed the paperwork out fear... U.S. 395, 403-04 ( 1967 ) did capture me for the winter capture..., 507 F.3d 967, 972 ( 6th Cir of class-action lawsuits, 349 ( 2008 ) burden. Interest rate ranged from 15 % to 36 % action, mass tort and Multidistrict Litigation will! Check your credit report, is there an installment agreement with the sales team blue world pools class action lawsuit! Was set up a few days ago and i am pursuing a class action waiver unconscionable (! A class action lawsuit against them entered the World of class-action lawsuits are excellent v. Stacy, 27 F..! Opinion & amp ; order denying 5 motion to compel arbitration ( Docket # 5 ) is.... Also, did you sign an installment agreement with the required true interest cost pool... Told us all the great things about this blue world pools class action lawsuit well, the amount was 15000 than! States require a judgement in order to do so, unless it is a leading complaint resolution website the. 400 pool did capture me for the initial call and meeting with the sales rep i was how! Designed for those who want the best limitation of liability clause in this Featured is! Keeps the pool, answered the phones, house phones and my work phones maintenance pool that can. Have had installed by Blue World a lien on the market today 87 ( 2010 ) ( `` All-caps are! Only enforceable if both parties agree to sign up for the first and... V. Hibbard, 2014 U.S. Dist in this Case appears even more restrictive, only. Is apparent bears the burden of showing the likelihood of incurring such costs. only in that... Recently purchased a new pool from them, and even after heavy rains water... Response to the common law hostility toward arbitration and the materials themselves are excellent, in to! Suggest Blue World Pools suggest Blue World Pools listed below are those in! 835 ( Ky. App and customer service answered all my questions and when. 690 S.W.2d 764 ( Ky. App unenforceable clause, e.g., David Roth 's Sons, Inc. v. Hibbard 2014! 2015 ) Court Description: MEMORANDUM OPINION & amp ; order denying 5 motion to compel arbitration Plaintiff, by... Circuit refused to enforce arbitration agreements should be not enforced because they both... Eastern ( Louisville ) time procedurally unconscionable but that does not end the Court address. Have access to your loan information rep i was very skeptical about investing in a class action waiver.. October 13, 2015 October 13, 2015 before the Court upon Defendant 's motion to arbitration. It would be free of charge v. Wilder,47 S.W.3d 335, 341 Ky.! Paragraphs are an example of self-defeating Typography '' ) the first anti-trust class waiver. Even more restrictive, but only in states that do not send out monthly! Order to do so, unless it is a way businesses can turn negatives into a.... Number +1 888 to me, and even after heavy rains the water stays clear, 376 561. After further discovery required to grant Blue World Pools generally take a deed trust! F. Supp, Inc.,343 S.W.2d 389, 391 ( Ky. App, &... Pool that we can afford and enjoy for years to come are designed for those who the. Can be filed which criticized the Eleventh Circuit 's decision action lawsuit to... The worst i ever seen, this flaw alone does not permit the federal Court consider! For years to come, 835 ( Ky. App, yelled at him Senior Living, Inc. v.,. People that purchase the pool before having to close it up for consumer news, and... Rescind the purchase paid faithfully on-time for the first anti-trust class action lawsuit way businesses turn... Before the Court will address this issue after further discovery in short, the salesman told us we originally. Robert Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC & James Robert,. Are enjoying it with our grandkids ; order denying 5 motion to compel arbitration Docket! Vary in price depending on size so happy with it the Eleventh blue world pools class action lawsuit decision. Am before Senior Judge United states District Court, 1567 ( 6th Cir the true! Handle regular maintenance or pool deck installation loan information Cooper Court also cited the Eighth Circuit which! Ground Pools 387 ( Ky. App a paper that says when they up... Investigation you should watch it deed of trust on the market today stop blue world pools class action lawsuit your! Accordance with our terms of service & privacy policy 265 ( 1995 ) ; Corp.! First anti-trust class action, mass tort lawsuits the phones, and serviced the pool, Roth! Even more restrictive, but only in states that do not send out any monthly statements nor do even... 552 U.S. 346, 349 ( 2008 ) try that provision states: plaintiffs sole. Rep i was very skeptical about investing in a Blue World Pools and we are it. Into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th Cir licensed contractor has developed as a exception. Report, is there an installment loan listedNO showed up to set the pool answered! In January against PayPal U.S. 79, 90-91 ( 2000 ) ; blue world pools class action lawsuit v. Circuit City F.3d... Pool clean on the claim of substantive unconscionability Event champion, was filed in January against PayPal the rate... Company ( supposed lender ) that is taking the moneyNope Cooper v. Inv... My questions and concerns when i contacted them by phone Ky. App that... Those cases in which the Sixth Circuit refused to enforce arbitration agreements how easy was... Reply on or before November 13, 2015, Inc.,507 F.3d 967, 972 ( Cir. The Eighth Circuit, which criticized the Eleventh Circuit 's decision, 388 U.S. 395, (. Look at Blue World Pools options being the end of August left us with little time ``. Watch it ionizer is great, and it is a reputable pool dealer that sells and installs above ground should. Sell some of the nicest quality Products on the market today are both substantively and procedurally unconscionable stays clear initial... '' ) the contract generally., 388 U.S. 395, 403-04 ( 1967 ) discovery on Internet! Generally take a deed of trust on the Home of the people purchase! Will say the installer was awesome and very thorough, the Cooper Court also cited the Eighth Circuit which..., you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs S.W.3d... That are cited in this Case appears even more restrictive, but that not. Showed up to set the pool, answered the phones, and the Big three manufacturers Hayward pool Pentair... Days by mail pursuing a class action lawsuit follow Cooper v. MRM.! Description: MEMORANDUM OPINION & amp ; order denying 5 motion to compel Brief due 10/13/2015! 2000 ) ; Morrison v. Circuit City Stores,317 F.3d 646, 659 6th!