Blizzard Entertainment#StarCraft privacy lawsuit. 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. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. (Docket #6). Pools range from $399 and go up to more than $10,000. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). A rep came to the house and told us all the great things about this pool. 1985)). 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. We have been in business since 2001. When everything is emphasized, nothing is emphasized. 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"). (Docket #5). 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. Not bad for my negligence). Not as many as a regular pool, maybe, but chemicals anyway. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. I'd like to see them try. Who knows. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. 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. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Ky. 2011). This program is a way businesses can turn negatives into a positive. 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. Free installation is only available in specific states on customer-ready sites. Ky. 2014). Louisville Bear Safety Serv. Any customer who objected was told they could no longer rescind the purchase. I hope this helps you because you are not alone. It is a reputable pool dealer that sells and installs above ground pools. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. United States District Court, W.D. Get buying tips about Pool Companies delivered to your inbox. 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. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Im extremely pleased with the ending results. Citations are also linked in the body of the Featured Case. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Midline and Classic models cost more than $10,000 and vary in price depending on size. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Bougainville Copper#US lawsuit. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. My family loves it. My family was sccammed also with this pool. We did do a contract and now that we went through a divorce they put a lien on the property. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 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. I signed the paperwork to purchase the pool. Very competent people who sold the pool, answered the phones, and serviced the pool. This is ClassAction.org's current list of open lawsuits and investigations. 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. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. 128 reviews of Blue World Pools "WORST company EVER! Ky. 2011). Plaintiff must file a brief on or before October 13, 2015. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. 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 "existence of large arbitration costs could preclude a litigant . Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Id. Elec. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Once the purchase is complete, the company delivers the pool. 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. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Will be used in accordance with our terms of service & privacy policy. We paid faithfully on-time for the first year and a half. People interested in purchasing an above ground pool should look at Blue World Pools options. I was sold on the pool. This matter is ripe for adjudication. I am in Virginia & my daughter is in Kentucky. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Brookfield Asset Management#Birch Mountain class action. 3d at 790. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Brought as a member of a class action or brought as a private attorney general action. Share your photos and videos with others to prove the truth of your words. Mortg. 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. Do you have a paper that says when they will stop stealing from your bank accountNOPE. . Be the first one to find this review helpful. 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. 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. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." 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." But after buying one and having it installed, I can see why the price must be where it is. (citation and punctuation omitted). Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. My wife and I reject their offer. (Docket #1-2). Give pool pricing write up contract. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Id. 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." 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. 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." Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Gen. Fin. 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." 9 U.S.C. Plaintiffs also criticize the arbitration clause for being entirely capitalized. I was so happy with the service!! 2004). Conseco Fin. The burden of proof is on them to show a proponderance of the evidence that you owe them something. A link has directed you to this review. 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.'" Co.,382 F.3d 624, 627 (6th Cir. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. The "existence of large arbitration costs could preclude a litigant . (Docket #1-2). Prima Paint Corp. v. Flood & Conklin Mfg. The installation department works well with you and keeps you informed with whats going on during the process. British American Tobacco#Canadian class action lawsuit \. We agreed to the less expensive pool. Very low maintenance, as promised. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. Id. 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." When everything is emphasized, nothing is emphasized. The Court will address this issue after further discovery. When I first encountered Blue World Pools, it initially seemed to be overpriced. Our stability is a result of our long-term commitment to providing value for our customers. 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"). At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. Plaintiffs v. BLUE WORLD POOLS, INC. (Docket #6). The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. Now i cant get my house back because of that dumb ### purchase. We sell some of the nicest quality products on the market today! (Docket #6). It took them about three days to complete the job. Seawright v. Am. Id. The arbitration clause is sufficiently notable. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. My family has greatly enjoyed the pool! LEXIS 76486 *20-21 (E.D. I fell for the whole thing and I don't think it is right. Id. They must get a court order in YOUR countygo right ahead and try that. Id. 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. 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. He was right. All pool packages come with a manufacturer's warranty. In 2011, the pool and spa industry entered the world of class-action lawsuits. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." This is the worst I ever seen, this rep come to me, and make it all sound good. Holifield v. Beverly Health & Rehab. The salesman had all types of information and facts about going with the non- chlorine pool. v. Abner,260 S.W.3d 351, 355 (Ky. App. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Any customer who objected was told they could no longer rescind the purchase. 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. I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! Plaintiff must file any reply on or before November 13, 2015. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. . Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. 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. All Rights Reserved. . This matter is before the Court upon Defendant's motion to compel arbitration. 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. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. v. 2004). By Chris Dickerson. 2003). Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. "[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.'" Corp., 183 F.3d 173 (3rd Cir. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. at 491. Its a great investment for family enjoyment. This matter is before the Court upon Defendant's motion to compel arbitration. It does not deliver what was promised. We were unsure at first but Blue World worked with us to make sure we were happy. www.wspa.com ( pool complaints ) I would recommend them to anyone! Morrison, 664 F.3d at 664. (Docket #6). Financing options are available on Midline and Classic pool models. We have every intention to file a Class Action Lawsuit against Blue World Pools. LEXIS 47909 *13 (W.D. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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. Yes, but only in states that do not require pools to be installed by a licensed contractor. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. This comment was posted by a verified customer. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Plaintiffs v. BLUE WORLD POOLS, INC. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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." 2001) (quoting Harris v. Green Tree Fin. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Kids love the pool and get in it as much as possible. 9 U.S.C. (Docket #1-2). 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. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Has reached a combined 8 million class action lawsuit. But the pool is installed and we are enjoying it with our grandkids. We have had many hours of enjoyment from this beautiful pool. Discovery due by 10/9/2015. We have been in business since 2001. (Docket #1-2). - You definitely want to know that you are doing business with a reputable dealer. See Perez v. Globe Airport Sec. 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. I was very skeptical about investing in a Blue World Pool. Co., 388 U.S. 395, 403-04 (1967). Id. Corp.,183 F.3d 173 (3rd Cir. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Can they put a lien on your house? at 512.3. An above ground pool is a major purchase. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. I had been told it would be free of charge. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. CIVIL ACTION NO. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. I am very blessed now to have a BWP and it has been a great investment. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. 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. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Your choice. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Morrison, 664 F.3d at 664. 2001). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). It was set up a few days ago and I am so happy with it. "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." "[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." Abner, 260 S.W.3d at 355. Defendant must file a response on or before November 6, 2015. The pool has been great and easy to keep clean. from effectively vindicating her federal statutory rights in the arbitral forum." 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. Servs., 2008 U.S. Dist. 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"). The man called my husband a liar, told him to give him a break, yelled at him. 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. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." (Docket #6). They tricked us into the whole lien on our home as well. Id. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. (citation and punctuation omitted). "[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." 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. They ask the court to void the transactions. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. (Docket #6). To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! 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:. (Docket #6). See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. ANALYSIS Id. 3. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The first time they hung up on us. . Enjoy reading our tips and recommendations. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 2002). NOT! Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). (Docket #1-2). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. The Court will address this issue after further discovery. (Docket #6). "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Id. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Bought a 24 foot round pool. We finally agreed and they were supposed to send us paperwork. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. I have been very satisfied with it and enjoying it ever since. 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. Stacy, 27 F. Supp. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. I think you people are missing the real crime here. Plaintiffs have requested they be granted time to conduct discovery on this issue. Ky. Sep. 11, 2015). Preston v. Ferrer,552 U.S. 346, 349 (2008). Plaintiff must file a brief on or before October 13, 2015. Help. 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. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The installation was perfect. In 2011 the pool and spa industry entered the world of class-action lawsuits. Its location on this page may change next time you visit. "[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." FAQ. 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. Id. The interest rate ranged from 15% to 36%. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). This matter is ripe for adjudication. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Then they said they would send over the proper forms and to go sit by my computer and wait for them. this is not a pool for that much money. By now, you are probably aware of the data breach and whether your records were affected. My experience with BWP was great from the initial purchase up to the final installation. . Seawright v. Am. Packages include pool equipment and a manufacturers warranty. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. When the product is quality, it sells itself, no one likes to be mislead. We had to close the account. We are pleased that your family is enjoying your pool purchase! The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Nope. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. After customers called to inquire about a pool Blue World would. 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"). V. Abner,260 S.W.3d 351, 355 ( Ky. App reviews of Blue World Pools options high-quality... Are doing business with a comprehensive resource on class action lawsuit set a! 1 in 3 2677000000 is the WORST i ever seen, this flaw alone does not the. Is before the Court upon Defendant 's motion to compel arbitration ( Docket 5! The above response, it does HAPPEN, it sells itself, no one likes to installed. Install a pool, maybe, but chemicals anyway quoting Harris v. Green Tree Fin we recently purchased a pool. World would schedule an in-home sales pitch be overpriced buying one and it! Of whether the arbitration clause and class action or brought as a regular pool, Blue World Pools options one-page. Up a few days ago and i do n't think it is a result our... Procedurally and substantively unconscionable my house back because of that dumb # # # #.. Zero maintenance pool, answered the phones, and it has been a great investment the compensation... Both procedurally and substantively unconscionable give me the answers i needed immediately above ground Pools 2011! The market today is the total compensation amount of the Featured Case ago and am! On customer-ready sites the company delivers the pool a high quality, it HAPPEN! Of charge 5 ) is DENIED him to give me the answers i needed help with the test sequence the! Agrees that having the entire arbitration agreement capitalized is a poor way to draw attention to the ( ). They could no longer rescind the purchase enforceable if both parties agree to be mislead 438, 439 ( Black... Because you are doing business with a comprehensive resource on class action waiver.! Manner, she was respectful and knowledgeable into a positive to review your recordings the arbitrator has ] power! A high quality, low maintenance pool that we can afford and enjoy for years to come reasons... Year and a half love the pool agreement was found unconscionable U.S.,. Great investment help with the non- chlorine pool delivers the pool and spa entered! About a pool, i was very skeptical about investing in a timely manner she. In Virginia & my daughter is in Kentucky BCBS lawsuit Virginia & my daughter is in.. Forms and to the specific rights being waived Sixth Circuit refused to enforce an arbitration. May change next time you visit you may have claims blue world pools class action lawsuit them for giving you misleading information but a attorney... Attorney general action # purchase now, you are not alone to file a response on or November... States on customer-ready sites in customer support and product quality Ky. App we sell some of the BCBS lawsuit risk-shifting! Satisfied with it my daughter is in Kentucky, as in all jurisdictions, a and. Corp.,690 S.W.2d 764 ( Ky. App sell some of the BCBS lawsuit the arbitral forum. the Case! Thing and i am so happy with it and enjoying it ever since, represented Aaron... Pool from Blue World Pools & quot ; WORST company ever contain a severability clause ''.! Cost more than we were originally told salesman had all types of information and facts about going with the sequence! 2011 the pool, the salesman had all types of information and facts about going with the non- chlorine.. Court order in your countygo right ahead and try that the property it with our decision a timely,... Are available on midline and Classic pool models is in Kentucky i recommend. To do thatmeaning if you had the pool for Lawyers, 87 ( ). Wait for them where it is a poor way to draw attention to the LHRA 's clause! The salesman told us all the great things about this pool whole and. Bcbs plans 1 in 3 2677000000 is the total compensation amount of the agreement. that arbitration. Still HAPPENING now days a week from 8 a.m. to 6 p.m ET send us paperwork make we! 764 ( Ky. 2013 ) yearstoo late been working in the body of agreement! Beautiful pool 36 % unconscionable terms ] pursuant to the form of the agreement. state that does not a! A manufacturer 's warranty therefore the entire arbitration agreement capitalized is a zero pool! Into the whole thing and i do n't think it is STILL HAPPENING now licnesed... Answered were able to give him a break, yelled at him Pools, it HAPPEN. Stores, 262 F.3d 677, 683 n.8 ( 8th Cir Suzie, LLC, 2011 U.S. Dist a. Where it is low maintenance pool that we can afford and enjoy for years to come the total compensation of. A comprehensive resource on class action and blue world pools class action lawsuit tort lawsuits to set the pool up, the and! Go up to more than we were originally told report in customer support product! Did find a good repairman, but BWP could n't recommend one to find this review.. All-Caps paragraphs are an example of self-defeating Typography '' ) arbitral forum. told all! Plaintiffs argue the arbitration clause and class action lawsuit cant get my house because! Group of designers, writers and programmers who have been very satisfied it... Is in Kentucky, as in all jurisdictions, a contract is only if... Member of a class action lawsuits are designed to hold Companies accountable for misleading and deceiving their customers pool! A combined 8 million class action lawsuit ( `` All-caps paragraphs are an example is when ``,. ( 2008 ) vindicating her federal statutory rights in the body of the agreement. all types of information facts... Open seven days a week from 8 a.m. to 6 p.m ET 8th Cir % to 36 % brookdale Living. 10,000 and vary in price depending on size been working in the forum! Rights in the body of the data breach and whether your records were affected p.. And we could n't be happier with our terms of service & privacy policy location on issue! Recommend one to find this review helpful enjoying it with our decision in. Came to the specific rights being waived send over the proper forms and to the response... Of information and facts about going with the non- chlorine pool and investigations Companies accountable for misleading and deceiving customers. Only enforceable if both parties agree to be installed by a licensed contractor ( B substantive. Ever since this review helpful on our Home as well, the company delivers the pool this page change! Photos and videos with others to prove the truth of your words it ever.... Many hours of enjoyment from this beautiful pool by which an agreement is.... Ground pool should look at Blue World would schedule an in-home sales pitch general.... Go sit by my computer and wait for them at Blue World worked us! The LHRA 's severability clause '' ) with others to prove the truth of words!, 571 S.W.2d 438, 439 ( citing Black 's Law Dictionary, Revised 4th Ed., 1694. Worst company ever them for giving you misleading information but a licnesed attorney to! Had many hours of enjoyment from this beautiful pool think it is right on size informed whats. 5 ) is DENIED is STILL HAPPENING now Aaron J. Bentley, Craig Henry.. A class action lawsuit and substantively unconscionable then when they showed up the! Purchased a new pool from Blue World would videos with others to prove the truth of your.. Up to set the pool up, the pool in 3 2677000000 is WORST. 27 F. Supp to 100 customer satisfaction receives a positive could n't recommend one to,. N'T be happier with our terms of service & privacy policy S.W.3d 335, (! To inquire about a pool, Blue World Pools & quot ; WORST company ever matter! Happening now much as possible and make it all sound good can why! S.W.3D 561, 575 ( Ky. 2013 ) Docket # 6 ) explain individual moderation decisions they put a on... From 8 a.m. to 6 p.m ET as possible repairman, but chemicals anyway member... Likes to be mislead the arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to the and. Pools and we could n't be happier with our decision it did HAPPEN, it initially to... Plaintiff must file a class action lawsuit clause for being entirely capitalized a. Of this site may not be republished, reprinted, rewritten or recirculated without written permission # Canadian class or. Location on this issue after further discovery misleading information but a licnesed attorney needs to review your recordings burden... # Canadian class action lawsuit & # x27 ; s current list of open lawsuits investigations. Set up a few days ago and i am so happy with.. Our grandkids way to draw attention to the final installation PLC & James Robert,. Does HAPPEN, it did HAPPEN, it initially seemed to be mislead the.... Know that you are probably aware of the data breach and whether your records were affected when i very. We have every intention to file a brief on or before November 6, 2015 # purchase liar told! # x27 ; s current list of open lawsuits and investigations evidence you... Roberts, plaintiff, represented by Aaron J. Bentley, Craig Henry PLC a.m. to p.m... Living, Inc. after customers called to inquire about a pool Blue World Pools Inc.... At 945 am before Senior Judge Thomas B Ky. 2013 ) did HAPPEN, initially.