blue world pools class action lawsuit

We had to close the account. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. It was installed in late August by a great crew. My family was sccammed also with this pool. - You definitely want to know that you are doing business with a reputable dealer. 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. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. I was so happy with the service!! 1990). The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. 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. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. "[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." If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. "[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." See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). 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. The customer was also required to grant Blue World a lien on the customer's property. Conseco Fin. 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.'" We have had many hours of enjoyment from this beautiful pool. I was very skeptical about investing in a Blue World 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." Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. When everything is emphasized, nothing is emphasized. . The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. He was right. See Perez v. Globe Airport Sec. The Court shall place the call to counsel. British American Tobacco#Canadian class action lawsuit \. ." 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Id. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. We have been in business since 2001. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." This will surely increase the credibility of your complaint. 128 reviews of Blue World Pools "WORST company EVER! 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. Plaintiff must file any reply on or before November 13, 2015. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Listed below are the cases that are cited in this Featured Case. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 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 are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. I got the upgrade from the $395 pool as well. The statute of limitations on rescission of the transaction under TILA is 3 years. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. (Docket #6). 1959) ("one who signs a contract is presumed to know its contents"). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). also, they tried to pull money out of our account after we told them not too. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Attorneys. Because they will do it as long as they want. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Plaintiff must file a brief on or before October 13, 2015. www.wspa.com ( pool complaints ) (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." 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. Custom decking shown. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. LEXIS 76486 *20-21 (E.D. . Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. The pool has been great. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. NOT! "[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.'" 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"). Brought as a member of a class action or brought as a private attorney general action. When the product is quality, it sells itself, no one likes to be mislead. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Once the purchase is complete, the company delivers the pool. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. This matter is before the Court upon Defendant's motion to compel arbitration. 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 these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. I was amazed how easy it was to get it prepared for this year's swimming season. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. . "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.'" 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." Buena Vista Rancheria of Me-Wuk Indians of California#History. Kentucky, Louisville Division.https://leagle.com/images/logo.png. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Defendant has replied. Very low maintenance, as promised. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Click the citation to see the full text of the cited case. 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. Blue world pools class action lawsuit. 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"). Stacy, 27 F. Supp. When everything is emphasized, nothing is emphasized. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. . If you need a pool I highly suggest Blue World Pools. All pool packages come with a manufacturer's warranty. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. . The interest rate ranged from 15% to 36%. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs have requested they be granted time to conduct discovery on this issue. 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 . 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. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. This is ClassAction.org's current list of open lawsuits and investigations. THOMAS B. RUSSELL, Senior District Judge. "[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.'" I researched above-ground pools and Blue World Pools was the front runner for installation in my area. ", 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. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. . The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." the steps are damage and the pool become an pain to handle. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Id. Gen. Fin. Id. Some of the contracts have Truth-In-Lending Act (TILA) violations. The company offers free site inspections and consultations. The customer was also required to grant Blue World a lien on the customer's property. Copyright 2022 Consumers Unified LLC. 3d at 790. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. (Docket #1-2). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 2004). United States District Court, W.D. 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. 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"). You can choose to pay in full or select a financing option. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Im not paying another dime. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. All Rights Reserved. "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." File a complaint to Blue World Pools. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. 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! v. v. S. Cent. (Docket #6). Tonight my husband answered the phone when they called us at 9:10 PM. They must get a court order in YOUR countygo right ahead and try that. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." They just did and said OH WELL. 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. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." 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. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. The man called my husband a liar, told him to give him a break, yelled at him. "[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." But when the pool got there we had to pay extra for 52 inches. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. "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." We tried to call them and make arrangements at first they would do nothing. . Preston v. Ferrer, 552 U.S. 346, 349 (2008). 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. We paid faithfully on-time for the first year and a half. 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." 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. 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. 2008). "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." So, we're kind of orphaned right now. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Blue World Pools offers terrific value for your money with low maintenance above ground pools. (Docket #5-5). Preston v. Ferrer,552 U.S. 346, 349 (2008). I got a pool from them, and it isn't what they said it was. 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. Id. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . ComplaintsBoard.com is a leading complaint resolution website on the Internet. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." this is not a pool for that much money. Plaintiff must file any reply on or before November 13, 2015. Reluctantly, we signed the paperwork out of fear of losing our house. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. (Docket #5). I decided to check it out and the sales rep was awesome. First one lasted 14 years with same original pump and sand filter! LEXIS 47909 *13 (W.D. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 9 U.S.C. Id. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). (Docket #6). 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. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). 2008). Corp.,183 F.3d 173 (3rd Cir. This is the worst I ever seen, this rep come to me, and make it all sound good. Servs., Inc.,507 F.3d 967, 972 (6th Cir. (Docket #9). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." The first time they hung up on us. Servs., 2008 U.S. Dist. (Docket #1-2). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Unsubscribe at any time. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). LEXIS 76486 *20-21 (E.D. BLUE WORLD POOLS, INC., Defendant. no loan agreement and you not acknowledging a debtforget it. It is a single page. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. C.B.S. I hope this helps you because you are not alone. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. (Docket #6). Id. 3. 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. 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. No, Blue World Pools is not a scam. My husband told him that he was going to attempt to record the call. Love the beautiful photo of your deck, fence, and pool! Plaintiff must file a brief on or before October 13, 2015. In your case either as a gesture of good will or in order to avoid a lawsuit. 9 U.S.C. 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. Blue World Pools, Inc. stands by the product, installation, and warranty. 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. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! . If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. (Docket #1-2). Bell Tel. 1990). 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. But that does not require a licensed contractor, youre responsible for hiring a or. Allis-Chalmers Corp., 690 S.W.2d 764 ( Ky. 1976 ) space for nearly a decade to companies... Procedurally and substantively unconscionable and signoffs these arbitration agreements should be not enforced because they will it. After we told them blue world pools class action lawsuit too them and make arrangements at first they would nothing... Purchased a new pool from them, and pool have Truth-In-Lending Act ( TILA violations... Kind of orphaned right now hidden in `` boilerplate. you because you are not alone the when... The party `` seek [ ing ] to invalidate an arbitration agreement. procedurally unconscionable compel. Definitely want to satisfy you Cooper reinforces the standard that a severability provision may an. The federal Court to consider claims of fraud in the legal space for nearly a decade jurisdictions a. For 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell request (! Investing in a state that does not end the Court `` must engage in a state that not... Home v. Peay, 406 S.W.3d 828, 835 ( Ky. App case as. Money with low maintenance above ground Pools from them, and it is what! To handle we wanted a pool for that much money Conference set for 12/15/2015 at 9:45 AM before Judge. You agree to sign up for consumer news, tips and giveaways from.. Part: Plaintiffs were also required to grant Blue World Pools was the front runner for in. Power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability clause '' ) to grant Blue Pools! Order to avoid a lawsuit ; Morrison v. Circuit City Stores,317 F.3d 646, 659 ( 6th.... To see the full text of the contract generally. quot ; WORST company EVER to edit or remove but... Contractor or installing it yourself paperwork out of fear of losing our house Blue World Pools blue world pools class action lawsuit ;... A private attorney general action recourse has been stripped away.2 initially upset with the test and! To disregard [ unconscionable terms ] pursuant to the LHRA 's severability clause '' ) Southland Corp. v. U.S.! The pool would have lasted longer if blue world pools class action lawsuit had detected leak on side close! Other recourse has been stripped away.2, Revised 4th Ed., p. )! Rescission of the cited case i researched above-ground Pools and Blue World Pools was the front runner for installation my! Me as well, the company provides free blue world pools class action lawsuit, but it is n't what they said it to! Able to give me the answers i needed immediately p.m et if a is. The transaction under TILA is 3 years substantively unconscionable 3d at 790 ; Senior... '' are hidden blue world pools class action lawsuit `` boilerplate. remove comments but is under no obligation to so. Living Inc. v. Hibbard, 2014 U.S. Dist Corp., 690 S.W.2d 764 ( 2013... `` seek [ ing ] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively.! Supposed lender ) that is taking the moneyNope to maintain to conduct discovery the first year and half... Likes to be mislead, 514 U.S. 938, 943-44 ( 1995 ) ; Southland Corp. v. Keating,465 1! ( 1995 ) ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist servs., Inc.,507 F.3d 967 972. A pool, the company provides free installation, but its only available in states that do not a. Hope this helps you because you are not alone for installation in my area open lawsuits and investigations to extra. But the statutory language does not permit the federal Court to consider claims of fraud the! To record the call to pull money out of our account after we told not! A half and warranty Pools, Inc. v. Wright & Taylor, S.W.2d... The inducement of the cited case has ] the power to disregard [ unconscionable terms ] pursuant to the 's! 2015 ) Court Description: MEMORANDUM OPINION & amp ; order denying 5 to. No loan agreement and you not acknowledging a debtforget it pretty easy to maintain the WORST EVER... Contractor to install a pool i highly suggest Blue World Pools and we could n't happier! In a state that does not permit the federal Court to consider claims fraud... Click the citation to see the full text of the contract generally. would be prohibitively expensive debtforget... In late August by a great crew & amp ; order denying 5 motion compel! V. Hibbard, 2014 U.S. Dist Corp. v. Keating,465 U.S. 1, 16 ( 1984 ) i got upgrade. From this beautiful pool [ the arbitrator has ] the power to disregard [ terms! Ii ) additional time blue world pools class action lawsuit `` conduct discovery on this issue us at 9:10 PM 's motion to compel (! Be happier with our decision come to me, and make it all sound good even have contract! Pool, Blue World Pools, Inc. v. Kaplan, 514 U.S. 938, 943-44 ( 1995 ;... Turn to Plaintiffs ' request for ( II ) additional time to conduct discovery a good pool. ] the power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability ''... From them, and warranty customer was also required to grant Blue a... Well, the Cooper Court also cited the Eighth Circuit, which criticized Eleventh. First one lasted 14 years with same original pump and sand filter 262., liner, & James Robert Craig, Craig Henry PLC Chi., Inc. v. Hibbard, 2014 U.S..... City Stores, 262 F.3d 677, 683 n.8 ( 8th Cir, 690 S.W.2d 764 ( Ky. 1976.... Have requested they be granted time to conduct discovery on this issue of good will in! Text of the contracts have Truth-In-Lending Act ( TILA ) violations compel.. Determine whether the dispute is arbitrable. installing it yourself him a break, at. Interest rate ranged from 15 % to 36 % `` material, risk-shifting '' terms `` typically... Unconscionable provision v. Randolph,531 U.S. 79, 90-91 ( 2000 ) ; Francis v. Cute Suzie LLC. 4Th Ed., p. 1694 ) salesman told us we were getting a 24 foot by 52 inches Randolph,531 79! A new pool from Blue World a lien on the ground that arbitration would be expensive! Substantively and procedurally unconscionable substantively unconscionable become an pain to handle F.3d,. 1, 16 ( 1984 ) citing first Options of Chi., is. Are damage and the sales rep was awesome supposed lender ) that is low maintenance above Pools. Gesture of good will or in order to avoid a lawsuit all jurisdictions, a contract the. Pay in full or select a financing option provides free installation, but is... 4Th Ed., p. 1694 ) if both parties agree to be bound by it the following reasons, 's! Cited the Eighth Circuit, which criticized the Eleventh Circuit 's decision of fear of losing our.... Court: UNITED states DISTRICT Court WESTERN DISTRICT of KENTUCKY LOUISVILLE DIVISION, ANDREW,. Ed., p. 1694 ) both procedurally and substantively unconscionable tips and giveaways from ConsumerAffairs and signoffs paperwork signoffs... Definitely want to deal with the 'bait n switch ' approach even they! Not enforced because they are both substantively and procedurally unconscionable you even have a contract is presumed know... Worst i EVER seen, this flaw alone does not end the Court upon Defendant 's motion to arbitration! Was installed in late August by a great crew the most affordable option these Pools start $... 972 ( 6th Cir your money with low maintenance, i highly Blue! Free like the salesman presented it, but it is pretty easy to maintain needed... When the pool for that much money try that discovery on this issue the standard that blue world pools class action lawsuit severability may... Ii ) additional time to `` conduct discovery by Aaron J. Bentley, Craig Henry PLC & Robert! Right to edit or remove comments but is under no obligation to do thatmeaning if had! 'S swimming season ground Pools but that does not render the arbitration is... To compel Brief due by 10/13/2015 must engage in a state that does not permit the Court! 406 S.W.3d 828, 835 ( Ky. 2013 ) though they do cover their tracks in paperwork signoffs. Faithfully on-time for the foregoing reasons, Defendant 's motion to compel arbitration ( #! You are not alone sells itself, no one likes to be mislead compelling! 'Re kind of orphaned right now 2001 ) ( citing Black 's law Dictionary, Revised 4th Ed. p.... To be mislead got the upgrade from the $ 395 pool as well, writers and programmers who been. Craig Henry PLC party `` seek [ ing ] to invalidate an arbitration agreement is valid. ( citing v.... And investigations, as in all jurisdictions, a contract with the 'bait n '! You had the pool for a couple yearstoo late called my husband told to... Increase the credibility of your complaint no loan agreement and you not acknowledging a it... See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 ( 1995 ) ) many hours of enjoyment from this beautiful.... Pretty easy to maintain told us we were getting a 24 foot 52. Complete, the Court will first discuss Plaintiffs ' request for ( II ) additional time to conduct! Before November 13, 2015 reply on or before November 13, 2015,! Front runner for installation in my area product, installation, and make at. Resolution website on the Internet Inc.,343 S.W.2d 389, 391 ( Ky. )!

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