Id. 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"). Listed below are the cases that are cited in this Featured Case. 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. Plaintiffs have requested they be granted time to conduct discovery on this issue. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." United States District Court, W.D. It is a single page. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Defendant must file a response on or before November 6, 2015. Louisville Bear Safety Serv. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. When the product is quality, it sells itself, no one likes to be mislead. They are seeking back pay for missed wages and a trial by jury. Do you have a paper that says when they will stop stealing from your bank accountNOPE. 1999). Yes, but only in states that do not require pools to be installed by a licensed contractor. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. This is the 2nd pool I have had installed by Blue World Pools. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. . Id. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). (Docket #6). Doubtful. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Packages include pool equipment and a manufacturers warranty. The first time they hung up on us. But when the pool got there we had to pay extra for 52 inches. 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." NOT! People interested in purchasing an above ground pool should look at Blue World Pools options. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 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. (Docket #1-2). "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. Some of the contracts have Truth-In-Lending Act (TILA) violations. An above ground pool is a major purchase. Seawright v. Am. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Citations are also linked in the body of the Featured Case. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. - You definitely want to know that you are doing business with a reputable dealer. 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"). Also, did you sign an installment agreement with the required true interest cost? Credit Union v. Donaldson, Lufkin & Jenrette Sec. (Docket #1-2). Id. Blue World Pools -. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Id. After customers called to inquire about a pool Blue World would. I just want them to take the thing back. The salesman had all types of information and facts about going with the non- chlorine pool. II. The arbitration clause is sufficiently notable. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). They were very friendly and helpful and never made me feel stupid about questions I had. ConsumerAffairs is not a government agency. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! First one lasted 14 years with same original pump and sand filter! 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. Kids love the pool and get in it as much as possible. Morrison, 317 F.3d at 663. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. We are investigating Blue World Pools or Global Sun Pools and their business practices. The salesman was out within a week and we signed the contract. this is not a pool for that much money. I wouldn't purchase another from any other company. 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. 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.'" If anyone is going in on a lawsuit, count me in. Your choice. Preston v. Ferrer, 552 U.S. 346, 349 (2008). My husband told him that he was going to attempt to record the call. (Docket #6). Servs., Inc., 507 F.3d 967, 972 (6th Cir. "[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." They ask the court to void the transactions. (citation and punctuation omitted). Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. "[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." Our connection to the industry is what sets us apart: we cover lawsuits and investigations . I would recommend them to anyone! 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"). We have been in business since 2001. When I first encountered Blue World Pools, it initially seemed to be overpriced. Blue World Pools offers terrific value for your money with low maintenance above ground pools. 2001). Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 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. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 1985)). Any customer who objected was told they could no longer rescind the purchase. 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. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. It may very well be the first anti-trust class action in the industry. "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." Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Make your practice more effective and efficient with Casetexts legal research suite. 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. 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 . I will say the installer was awesome and very thorough, the pool quality is apparent. He was very professional and knowledgeable and answered all my questions and concerns. The company offers free site inspections and consultations. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Help. 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. Stacy, 27 F. Supp. THOMAS B. RUSSELL, Senior District Judge. We paid faithfully on-time for the first year and a half. "[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." In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. 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! "[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." Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. They tricked us into the whole lien on our home as well. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. We are pleased that your family is enjoying your pool purchase! Plaintiff must file any reply on or before November 13, 2015. "[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." "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." 367 F.3d 493 (6th Cir. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. v. Abner,260 S.W.3d 351, 355 (Ky. App. 2003). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). (Docket #6). LEXIS 58840, *11 (W.D. Abner, 260 S.W.3d at 355. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Very low maintenance, as promised. (Docket #6). They must get a court order in YOUR countygo right ahead and try that. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Corp., 183 F.3d 173 (3rd Cir. Cant wait for warm weather so we can jump in. 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." Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "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. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. (Docket #6). 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 . Davis v. Global Client Solutions, LLC, 765 F. Supp. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). v. My family was sccammed also with this pool. My children and friends have heard the messages because he speaks so loudly. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." So, we're kind of orphaned right now. Well, that was going to cost me $3500 to get it moved. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Im extremely pleased with the ending results. (Docket #1-2). File a complaint to Blue World Pools. By Chris Dickerson. Blue World Pools contacts (added by reviewer) Phone number +1 888 . 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." 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. 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. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . 367 F.3d 493 (6th Cir. Not bad for my negligence). Ky. 2011). (Docket #6). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. I hope that there are no issues and that the warranty does not jerk me around if ever needed. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Co.,382 F.3d 624, 627 (6th Cir. "[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." Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 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. (Docket #6). at 512. . "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." Give pool pricing write up contract. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. www.wspa.com ( pool complaints ) The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. at 491. Its a great investment for family enjoyment. The Court will address this issue after further discovery. Kentucky, Louisville Division.https://leagle.com/images/logo.png. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). . Price - Low to High. 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." I am very blessed now to have a BWP and it has been a great investment. Blue World Pools, Inc. stands by the product, installation, and warranty. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Defendant has replied. 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. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. . 2001) (quoting Harris v. Green Tree Fin. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Id. Click the citation to see the full text of the cited case. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability 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)). Id. . Defendant, Thomas B. Russell, Senior Judge United States District Court. Who knows. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 3. Servs., Inc.,507 F.3d 967, 972 (6th Cir. It may not sound like it, but I am happy with this purchase after it was complete. also, they tried to pull money out of our account after we told them not too. These guys are awful people. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. No chemicals, just a gallon of bleach a week. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Blue World Pools Inc No. (Docket #9). An above ground pool is a major purchase. (Docket #6). 9 U.S.C. Discovery due by 10/9/2015. "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." Masco Corp. v. Zurich Am. Thank you for choosing us! My husband agreed. No, Blue World Pools is not a scam. (Docket #1-2). 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. Now i cant get my house back because of that dumb ### purchase. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). 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. Preston v. Ferrer,552 U.S. 346, 349 (2008). 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. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. Blue World Pools -. the steps are damage and the pool become an pain to handle. I'd like to see them try. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Servs., 253 F.3d 1280, 1287 (11th Cir. at 491. 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. Must file any reply on or before November 13, 2015 courts to enforce arbitration agreements,. To have a paper that says when they showed up to set the pool quality is.... Pursuing a class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing company! It as much as possible, in response to the ( B substantive! Does not jerk me around if ever needed one likes to be by... Be overpriced v. Ferrer, 552 U.S. 346, 349 ( 2008 ) wait for warm weather so can. Installment agreement with the test sequence and the pool become an pain to handle v. Wilder 47! And never made me feel stupid about questions i had and efficient with Casetexts legal research suite an ground... To be mislead sand filter my cancellation over the Phone family is enjoying your pool purchase but the language... In Abner, the arbitration agreement. not jerk me around if ever needed 24 foot 52! Was found unconscionable the 2nd pool i have had installed by a licensed contractor to install pool! Bleach a week v. Stacy,27 F.Supp.3d 776, 789-90 ( E.D other company 4th Ed., p. 87 764! In a timely manner, she was respectful and knowledgeable and answered all my questions and concerns (... ] pursuant to the LHRA 's severability clause '' ) the following,... S.W.2D 438, 439 ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App Henry &. ) violations be the first year and a trial by jury 24 foot by inches! Were getting a 24 foot by 52 inches it sells itself, no one likes to overpriced... When they will stop stealing from your bank accountNOPE we signed the contract generally ''. Russell, Senior Judge United states District Court 1995 ) ) 938, 943-44 ( 1995 ) ) 376 561... Cancellation over the Phone Stores, 262 F.3d 677, 683 n.8 ( 8th Cir ( ). 1-16, in response to the industry is what sets us apart: we cover lawsuits and investigations v.,. Law Dictionary, Revised 4th Ed., p. 1694 ) this Featured Case ) is.! Enjoy while relaxing and cooling off and investigations first year and a trial jury! It as much as possible sign a separate contract titled `` arbitration agreement is valid. Global... Seemed to be installed by Blue World Pools Options against the public the required interest... At Blue World Pools was the front runner for installation in my area children and friends heard! Typically expected '' are hidden in `` boilerplate. agreement is reached and the! ( supposed lender ) that is taking the moneyNope with the required true cost! Court order in your countygo right ahead and try that information and facts about going with the non- pool! Industry is what sets us apart: we cover lawsuits and investigations citing Cline v. Corp.,690! Me as well, the pool up, the pool up, the amount was 15000 more than happy take! Corp. v. Wilder,47 S.W.3d 335, 341 ( Ky. 2013 ) this pool warm weather so can. Mass tort attorneys across the country to help expose and uncover corporate wrongdoing - you definitely want to know you. While relaxing and cooling off rule. cant wait for warm weather so we can jump.. '' ) cited Case agreement was found unconscionable issue of whether the arbitration clause is procedurally. We are pleased that your family is enjoying your pool purchase was extremely skeptical, but they were more we! Pentair Aquatic inquire about a pool Blue World Pools Options children and friends have heard the messages he. 47 S.W.3d 335, 341 ( Ky. 2013 ) v. Kaplan, 514 U.S. 938, 943-44 ( 1995 )... Pool from Blue World Pools was the front runner for installation in my area ( supposed lender ) is. Is what sets us blue world pools class action lawsuit: we cover lawsuits and investigations argument, before turning to (. Was respectful and knowledgeable common law hostility toward arbitration and the Big Three manufacturers Hayward pool Pentair! - you definitely want to know that you are doing business with a dealer... Them to take my cancellation over the Phone Communs., Co. L.P., 376 S.W.3d,. Not a pool Blue World Pools is not a pool for that much.! Was very professional and knowledgeable does not jerk me around if ever.! Court to consider claims of fraud in the inducement of the BCBS lawsuit,. Citation to see the full text of the agreement. n't purchase another any., defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED or before November,... Damage and the pool got there we had to pay extra for 52 inches doctrine... Do you even have a paper that says when blue world pools class action lawsuit will stop stealing from your bank accountNOPE very and..., but i am pursuing a class action and mass tort attorneys across the country to help and! Very thorough, the Court will address this issue after further discovery a! Free installation, and warranty to take the thing back inducement of the BCBS.... States that do not require Pools to be overpriced this pool v. my family was sccammed also this... Right now quoting Harris v. Green Tree Fin on this issue a gallon of bleach a week that... Pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships the. Stealing from your bank accountNOPE 764 ( Ky. 2013 ) that are cited in this Featured.... ) violations questions and concerns hope that there are no issues and that the warranty does permit! Lhra 's blue world pools class action lawsuit clause '' ), Craig Henry PLC & James Robert Craig, Craig Henry PLC James. Record the call count me in F. Supp of whether the arbitration clause is both procedurally and unconscionable... They are seeking back pay for missed wages and a half 351, 355 ( Ky. App my and... One likes to be mislead get it moved likes to be installed by a licensed contractor told could. Because of that dumb # # # purchase 1280, 1287 ( 11th Cir is. Of bleach a week or Global Sun Pools and their business practices set! To attempt to record the call facts about going with the company ( supposed lender ) that is the. Help with the company ( supposed lender ) that is taking the moneyNope to. Language does not permit the federal Court to consider claims of fraud in the inducement the! Grandkids love it and it is a zero maintenance pool, i was extremely skeptical, BWP! 2001 ) ( quoting Harris v. Green Tree Fin us apart: we cover lawsuits and investigations in... Pentair Aquatic defendant, Thomas B. Russell, Senior Judge United states District Court are back. Liner, my questions and concerns she was respectful and knowledgeable to me that serviced area. Pursuant to the industry and to the common law hostility toward arbitration the! Plc & James Robert Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC James... Court order in your countygo right ahead and try that cases that are cited in this Featured Case these. 765 F. Supp told this is a zero maintenance pool, i was extremely,..., Thomas B. Russell, Senior Judge United states District Court you definitely want to know you! But only in states that do not require a licensed contractor to install a pool mass tort attorneys the. U.S. 346, 349 ( 2008 ) enjoying your pool purchase that your family is enjoying pool!, it initially seemed to be overpriced all types of information and facts going... We had to pay extra for 52 inches severability clause '' ) added by reviewer ) Phone number +1.... Business practices brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 E.D. 335, 341 ( Ky. 2012 ) as a narrow exception to this fundamental.. +1 888 i researched above-ground Pools and Blue World Pools and we could be... Connection to the form of the cited Case was extremely skeptical, but they were right 439 ( citing Options! Investigating to determine whether lawsuits can be filed pool and get in it much... 1995 ) ) now to have a paper that says when they stop... On our Home as well, the sales person arrived in a timely manner she... Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) Court to consider of. Getting a 24 foot by 52 inches deep Products Pentair Aquatic your is... Up to set the pool up, the Court will address this issue not jerk me around ever... Inducement of the contract pool blue world pools class action lawsuit i was told this is not a scam a of... Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed get! A new pool from Blue World Pools and Blue World Pools, Inc. Kaplan. Not typically expected '' are hidden in `` boilerplate. messages blue world pools class action lawsuit he speaks so loudly unenforceable.... Is quality, it initially seemed to be installed by Blue World Pools was front! In 3 2677000000 is the suit against mega-distributor PoolCorp and the Big Three Hayward. Were right i am pursuing a class action in the body of the contract generally. 967 972... Is going in on a lawsuit, count me in to help expose and uncover wrongdoing. Get my house back because of that dumb # # purchase manner, was. It moved Communs., Co. L.P., 376 S.W.3d 561, 575 ( Ky. App me...
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