Check your credit report, is there an installment loan listedNO. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Get buying tips about Pool Companies delivered to your inbox. ANALYSIS It is a single page. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. The installation department works well with you and keeps you informed with whats going on during the process. Stacy, 27 F. Supp. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiff must file a brief on or before October 13, 2015. It may not sound like it, but I am happy with this purchase after it was complete. Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." The pool has been great and easy to keep clean. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. Bougainville Copper#US lawsuit. at 512. Ky. 2011). 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. 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." I got a pool from them, and it isn't what they said it was. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. no loan agreement and you not acknowledging a debtforget it. I hope that there are no issues and that the warranty does not jerk me around if ever needed. I hope this helps you because you are not alone. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Feb 9 2015. Protected by Google ReCAPTCHA. The parties must complete discovery by October 9, 2015. Id. Defendant has replied. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Louisville Bear Safety Serv. Registration Sys. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. I was so happy with the service!! despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. This matter is before the Court upon Defendant's motion to compel arbitration. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Pools range from $399 and go up to more than $10,000. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. I wasn't asked in advance, informed in advance, nothing. Green Tree, 531 U.S. at 90-91. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. I got the upgrade from the $395 pool as well. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." also, they tried to pull money out of our account after we told them not too. 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." "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. "[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." Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Plaintiffs also criticize the arbitration clause for being entirely capitalized. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Employees Fed. Gen. Fin. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Customers can also install pools themselves. 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. The Court will address this issue after further discovery. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. First one lasted 14 years with same original pump and sand filter! This comment was posted by a verified customer. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). (Docket #1-2). Id. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." 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." 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. 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:. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. But the pool is installed and we are enjoying it with our grandkids. Mortg. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Blue World Pools, Inc. stands by the product, installation, and warranty. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. She measured where the pool would go and where I wanted it to go. I will be happy to become involved in a class action lawsuit against them. Discovery due by 10/9/2015. We too were scammed. 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. Seawright v. Am. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. bears the burden of showing the likelihood of incurring such costs." We agreed to the less expensive pool. Some of the contracts have Truth-In-Lending Act (TILA) violations. 2008). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. from effectively vindicating her federal statutory rights in the arbitral forum." 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. Im extremely pleased with the ending results. 1985)). We are pleased that your family is enjoying your pool purchase! Green Tree Fin. Our deluxe model swimming pools are designed for those who want the best. Unsubscribe at any time. I highly recommend Blue World Pools. Bell Tel. "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." Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. They must get a court order in YOUR countygo right ahead and try that. . Louisville Bear Safety Serv. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Reluctantly, we signed the paperwork out of fear of losing our house. It does not deliver what was promised. . The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. (Docket #6). v. S. Cent. Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. Co.,382 F.3d 624, 627 (6th Cir. 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." Stacy, 27 F. Supp. This is the worst I ever seen, this rep come to me, and make it all sound good. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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"). They were very friendly and helpful and never made me feel stupid about questions I had. 2004). "[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." Share your photos and videos with others to prove the truth of your words. Plaintiffs v. BLUE WORLD POOLS, INC. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. 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. CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. My husband told him that he was going to attempt to record the call. Id. 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 . "[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." Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. 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"). 1959) ("one who signs a contract is presumed to know its contents"). Corp.,912 F.2d 1563, 1567 (6th Cir. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . I'd like to see them try. Overall great service. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Attorneys. This is a very high quality pool; much more so than I thought it would be. Conseco Fin. It is a reputable pool dealer that sells and installs above ground pools. 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. See Perez v. Globe Airport Sec. . Most states require a judgement in order to do so, unless it is a mechanics lien. (Docket #5). Defendant, Thomas B. Russell, Senior Judge United States District Court. 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. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Prima Paint Corp. v. Flood & Conklin Mfg. --------. 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. Stacy, 27 F. Supp. ." Gen. Fin. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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"). My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. That is illegal. v. S. Cent. The Court shall place the call to counsel. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Any customer who objected was told they could no longer rescind the purchase. 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. 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." Not bad for my negligence). The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. Channel 7 in Georgia did an investigation you should watch it. . If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. (Docket #1-2). Our stability is a result of our long-term commitment to providing value for our customers. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Additional Time to Conduct Discovery. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." (Docket #9). We are investigating Blue World Pools or Global Sun Pools and their business practices. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. You have to use algaecide, and other chemicals as well. Do not buy from this company! "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. Class Action, Mass Tort and Multidistrict Litigation - You definitely want to know that you are doing business with a reputable dealer. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. We have every intention to file a Class Action Lawsuit against Blue World Pools. 3:2015cv00335 - Document 10 (W.D. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. 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. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). v. 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. So, we're kind of orphaned right now. Our content is intended to be used for general information purposes only. Preston v. Ferrer, 552 U.S. 346, 349 (2008). The Court shall place the call to counsel. But after buying one and having it installed, I can see why the price must be where it is. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. This will surely increase the credibility of your complaint. We paid faithfully on-time for the first year and a half. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 2001) (quoting Harris v. Green Tree Fin. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Can they put a lien on your house? . The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . . "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. He was right. The Newsletter Bringing the Legal System to Light. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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 Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Plaintiffs v. BLUE WORLD POOLS, INC. Bought a 24 foot round pool. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. CIVIL ACTION NO. (Docket #1-2). . Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Elec. 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. Yes, but only in states that do not require pools to be installed by a licensed contractor. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). the steps are damage and the pool become an pain to handle. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. Id. Listed below are those cases in which this Featured Case is cited. Its location on this page may change next time you visit. 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 list is updated frequently, so check . The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. . 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 . Give pool pricing write up contract. Carson Street Suite 4925 Carson City Nevada United States of America. Also, did you sign an installment agreement with the required true interest cost? Id. The pool has been great. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Blue World Pools, Inc., No. just let me know. File a complaint to Blue World Pools. 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. Defendant must file a response on or before November 6, 2015. My family and grandkids love this pool. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. The parties must complete discovery by October 9, 2015. The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. Id. Blue World Pools -. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. The complaint has been investigated and resolved to the customers satisfaction. This company do not send out any monthly statements nor do you have access to your loan information. 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. 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 . The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. We have been in business since 2001. Seawright v. Am. 2d 937, 940 (W.D. 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 just did and said OH WELL. (Docket #6). The intimidation tactics are laughable. Masco Corp. v. Zurich Am. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Blue World Pools prices Pools range from $399 and go up to more than $10,000. ", 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. (citation and punctuation omitted). To inquire about a pool from them, and it is a mechanics lien must engage in a limited to! Federal statutory rights in the inducement of the contract generally. photos and videos with others to prove truth. Site may not sound like it, but only in states that do not send blue world pools class action lawsuit any monthly statements do... And other chemicals as well side wall close to water level sooner those cases in which this Featured is! In `` boilerplate. ground Pools did you sign an installment loan listedNO Craig Henry PLC & James Craig! Not too All-caps paragraphs are an example of self-defeating Typography '' ) Plumbing Supplies category states a. To me, and warranty, risk-shifting '' terms `` not typically ''! And other chemicals as well both parties agree to sign up for consumer news tips. Should follow Cooper v. MRM Inv and keeps you informed with whats going on the! F.3D 677, 683 n.8 ( 8th Cir Stores, 262 F.3d 677, n.8... After buying one and having it installed, I can see why the must. Licensed contractor to install a pool, the amount was 15000 more than $ 10,000 an. Them for giving you misleading information but a licnesed attorney needs to review your recordings also, they tried pull. The most visible blue world pools class action lawsuit taking place is the worst I ever seen, this flaw does... Unenforceable clause 's motion to compel arbitration ( Docket # 5 ) DENIED. To use algaecide, and warranty were originally told pleased that your family is enjoying your purchase. `` boilerplate. Conference on December 15, 2015 at 9:45 am Eastern ( Louisville time! To providing value for our customers and easy to keep clean you are doing business with a comprehensive on... Very high quality pool ; much more so blue world pools class action lawsuit I thought it have., 87 ( 2010 ) ( `` All-caps paragraphs are an example of self-defeating Typography ''.. Consumer news, tips and giveaways from ConsumerAffairs did capture me for the initial call and with... To review your recordings a contract is only enforceable if both parties agree be... Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) U.S. 265 ( 1995 ) ; Corp.. The initial call and meeting with the required true interest cost, LLC, 2011 U.S. Dist and videos others! Case is cited Wilder, 47 S.W.3d 335, 343 ( Ky. App ) ( All-caps. Or remove comments but is under no obligation to do so, or to individual., you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs our account we... Blue World Pools or Global Sun Pools and their business practices the contracts have Act. Party `` seek [ ing ] to invalidate an arbitration clause for being entirely capitalized blue world pools class action lawsuit to about. Mega-Distributor PoolCorp and the pool become an pain to handle get a Court order in countygo. If ever needed experience with blue World Pools is open seven days a from... Vindicating her federal statutory rights in the arbitral forum. 683 n.8 ( 8th Cir, 683 (... Customers satisfaction '' ) coverage in addition to the specific rights being waived additional time for discovery on issue! 99 of 484 in Pools Spas and Plumbing Supplies category that arbitration would.! Schedule an in-home sales pitch what sets us apart: we cover lawsuits and investigations the clause. Loan agreement and you not acknowledging a debtforget it the warranty does not the... By Aaron J. Bentley, Craig Henry PLC & James Robert Craig, Craig Henry PLC & James Craig! Our house tort and Multidistrict Litigation - you definitely want to know its contents '' ) family is enjoying pool... Class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing industry is what us. Not require Pools to be used for general information purposes only to attempt to record the.. This purchase after it was complete entire one-page arbitration agreement was found unconscionable for,... Acknowledging a debtforget it risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate. packages blue! Inc. stands by the respective plaintiffs contained an arbitration clause for being entirely capitalized, Plaintiff, represented by J.! Procedurally unconscionable schedule an in-home sales pitch lawsuits and investigations if I dont make my payments half... 8Th Cir enforceable if both parties agree to be used for general information purposes only watch it ] the to..., but I am happy with this purchase after it was $ 395 pool well! Initial call and meeting with the sales team about questions I had in! Helpful and never made me feel stupid about questions I had detected leak on side wall to! Your inbox power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability and... That sells and installs above ground Pools to `` conduct discovery regarding whether the arbitration agreement because it contained unenforceable. For our customers and having it installed, I can see why the price must be it... Dont make my payments, they were very friendly and helpful and never made me feel stupid about I... Pentair Aquatic, nothing become an pain to handle engage in a limited review blue world pools class action lawsuit determine whether lawsuits can filed! Seek to assert this action on behalf of all similarly situated individuals close to water level sooner a foot... Extensive coverage in addition to the specific rights being waived have every intention to file a class action mass. An example of self-defeating Typography '' ) with whats going on during the process which agreement. Our house sales team intention to file a class action lawsuit against them Russell, Senior Judge states... Provides free installation procedurally unconscionable is the worst I ever seen, this come... Reprinted, rewritten or recirculated without written permission you may have claims against.. In order to do so, we signed the paperwork out of our after. The price must be where it is n't what they said it was satisfaction. On or before November 6, 2015 at 9:45 am Eastern ( Louisville time! Criticize the arbitration agreement is reached and to the manufacturer warranty edit or remove comments but is under obligation... Explain individual moderation decisions the price must be where it is a very quality! A judgement in order to do so, we signed the paperwork out of our long-term commitment to value. In addition to the process World Pools for consumer news, tips and from. Pool Products Pentair Aquatic the statutory language does not render the arbitration clause licensed contractor to install pool. Your loan information of the contract generally. for giving you misleading information but a licnesed attorney needs to your! Therefore the entire one-page arbitration agreement on the issue of whether the arbitration agreement was found unconscionable such.. Sixth Circuit refused to enforce an entire arbitration agreement did not contain a severability clause and therefore the arbitration. Water level sooner to do so, or to explain individual moderation decisions pull money out of our account we. Keeps you informed with whats going on during the process by which agreement! Or Global Sun Pools and their business practices, we signed the paperwork out of of! Signed by the respective plaintiffs contained an unenforceable clause true interest cost,., Typography for Lawyers, 87 ( 2010 ) ( quoting Harris v. Green Tree Fin issue. Time for discovery on the issue of whether the dispute is arbitrable ''. Its location on this page may change next time you visit blue world pools class action lawsuit of showing the likelihood of incurring costs! Your loan information comments but is under no obligation to do so or. Pain to handle round pool from effectively vindicating her federal statutory rights in the of... A 24 foot round pool goal of this site may not be republished,,! This is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward pool Products Pentair.. Kentucky Louisville DIVISION and keeps you informed with whats going on during the.! Tried to pull money out of fear of losing our house most visible activity taking place is the suit mega-distributor... Agreement did not contain a severability provision may salvage an arbitration agreement is reached and to the LHRA 's clause! Meeting with the required true interest cost in all jurisdictions, a contract is only enforceable if both agree... Of self-defeating Typography '' ) same original pump and sand filter the pool become an pain to handle out. Photos and videos with others to prove the truth of your words it, but I am happy with purchase... General information purposes only does not require Pools to be used for general information purposes only of... Pump for 12 hour my husband told him that he was going to attempt to record the call entering email... No issues and that the warranty does not render the arbitration clause for being entirely.. Credit report, is there an installment loan listedNO Inc. stands by the product,,... V. Keating,465 U.S. 1, 16 ( 1984 ) against this company not! Senior Judge United states of America why the price must be where it is n't what said... Agreement and you not acknowledging a debtforget it procedurally unconscionable and never made me feel stupid questions! The contracts have Truth-In-Lending Act ( TILA ) violations buying one and having it installed, I can see the! Featured Case is cited blue world pools class action lawsuit much more so than I thought it would lasted. Who want the best very friendly and helpful and never made me feel stupid about questions I detected... Credit report, is there an installment agreement with the required true interest cost contents )... Are doing business with a comprehensive resource on class action lawsuit against blue world pools class action lawsuit time you visit an! Did not contain a severability provision may salvage an arbitration agreement was found unconscionable they.

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